Jayaraman v. The Tamil Nadu State Election Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P.(MD) No.958 of 2020 Jayaraman ... Petitioner -vs1.The Tamil Nadu State Election Commissioner Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Road Opp.CMBT, Arumbakkam Chennai-600 106 2.The Secretary Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Road Opp.CMBT, Arumbakkam Chennai-600 106 3.The Principal Election Officer (Panchayat) Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Road Opp.CMBT, Arumbakkam Chennai-600 106 4.The District Collector-cum- District Election Officer Sivagangai District Sivagangai 5.The Block Development Officer-cum- The Returning Officer Sivagangai Panchayat Union Sivagangai Sivagangai District 6.Mahendran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus declaring the Form 25 certificate 1/3
dated 02.01.2020 issued by the respondent No.5 declaring the respondent No.6 as elected as President of the Kottakudi Keelpathy Village Panchayat, Sivagangai District, is null and void and directing the respondent Nos.1 to 5 to declare that the petitioner has won the election for the post of the President of Kottakudi Keelpathy Village Panchayat, Sivagangai District, held on 27.11.2019 and issue Form 25 certificate to the petitioner. For Petitioner : Mr.V.Kannan For Respondents : Mr.AR.L.Sundaresan assisted by Mr.Raja Karthikeyan Standing Counsel for R1 Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader for R2 to R5 Mr.J.Jayakumaran for R6
O R D E R
[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition to issue a writ of mandamus declaring the Form-25 certificate, dated 02.01.2020, issued by the fifth respondent declaring the sixth respondent elected as President of Kottakudi Keelpathy Village Panchayat, Sivagangai District, as null and void and directing the respondents 1 to 5 to declare that the petitioner has won the election for the post of the President of Kottakudi Keelpathy Village Panchayat, Sivagangai District, held on 27.11.2019 and issue Form-25 certificate to him.
2. The petitioner has got alternative remedy by way of election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994. Instead of filing election petition, the petitioner has approached this Court by filing a writ petition under Article 226 of the Constitution of India. That apart, the issues involved in the present writ petition are the matter of evidence, which cannot be decided in a writ jurisdiction. In these circumstances, we are not inclined to entertain the writ petition.
3. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) 2/3
krk To:
1.The Secretary, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.CMBT, Arumbakkam, Chennai-600 106.
2.The Principal Election Officer (Panchayat), Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.CMBT, Arumbakkam, Chennai-600 106.
3.The District Collector-cum- District Election Officer, Sivagangai District, Sivagangai.
4.The Block Development Officer-cum- The Returning Officer, Sivagangai Panchayat Union, Sivagangai, Sivagangai District.
+1 CC to Mr.V.KANNAN, Advocate ( SR-2438[F] dated 22/01/2020 ) +1 CC to SPL.GP ( SR-2588[F] dated 23/01/2020 ) +1 CC to Mr.J.JEYAKUMARAN, Advocate ( SR-2651[F] dated 23/01/2020 ) +1 CC to Mr.RAJA.KARTHIKEYAN, Advocate (SR-3005[F] dated 24/01/2020 ) and W.M.P.(MD) No.958 of 2020 22.01.2020 MK (06.02.2020) 3P 9C 3/3