Madras High CourtWP(MD)/1777/2020disposed of

Periyasamy v. The Tamil Nadu State Election Commission

2020-01-29Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

W.P(MD)No.1777 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P(MD)No.1777 of 2020 and W.M.P.(MD)No.1499 and 1501 of 2020 Periyiasamy ... Petitioner Vs.

1.The Tamil Nadu State Election Commission, Rep. by its Secretary, No.208/2, Jawaharlal Nehru Road, Opposite To CMBT, Arumbakkam, Chennai - 600 106.

2.The District Election Officer, Theni District, Theni.

3.The Returning Officer for the post of Ward Member, Theni Panchayat Union Council, Theni District.

4.Krishnasamy ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to recount the votes in respect of the post of ward member to 8th ward of Theni Panchayat Union Council, Theni District within a reasonable time to be fixed by this Court. For Petitioner : Mr.V.Karnan For Respondents : Mr.Raja Karthikeyan for R.1 Mr.K.Chellapandian Additional Advocate General assisted by Mr.VR.Shanmuganathan Special Government Pleader for R.2 to R.4 * * * * *

ORDER

[Order of the Court was made by M.DURAISWAMY,J.] The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the respondents 1 to 3 to recount the votes in respect of the post of ward member to 8th ward of Theni https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1777 of 2020 Panchayat Union Council, Theni District within a reasonable time to be fixed by this Court.

2. The petitioner has filed the writ petition without exhausting alternative remedy by way of an election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994. When the petitioner has got alternative remedy, he should exhaust the same. Further the issue involved in the present writ petition is a matter for evidence and therefore, the proper Forum to grant relief to the petitioner is only the District Court under Section 258 of the Tamil Nadu Panchayats Act, 1994.

3. In such view of the matter, we are not inclined to entertain the writ petition. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) rj2 To 1.The Secretary, The Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opposite To CMBT, Arumbakkam, Chennai - 600 106.

2.The District Election Officer, Theni District, Theni.

3.The Returning Officer for the post of Ward Member, Theni Panchayat Union Council, Theni District.

+1 CC to M/s.V.KARNAN, Advocate ( SR-3703[F] dated 29/01/2020 ) +1 CC to M/s.SPL.GP ( SR-3920[F] dated 30/01/2020 ) W.P(MD)No.1777 of 2020 29.01.2020 KK/SAR/11.02.2020/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2