Madras High CourtWP(MD)/2014/2020dismissed

N.Sankarapandiyan v. The Election Commissioner

2020-02-03Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

W.P(MD)No.2014 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P(MD)No.2014 of 2020 N.Sankarapandiyan ... Petitioner Vs.

1.The Election Commissioner, Tamil Nadu State Election Commission, Chennai.

2.The District Collector, Virudhunagar, Virudhunagar District.

3.The Returning Officer / Block Development Officer, O.Kovilpatti Village, Virudhunagar District.

4.R.Muthu Pandi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct the re-count votes for the post of Member, Ward No.1, at O.Kovilpatti Village Panchayat, Virudhunagar District. For Petitioner : Mr.S.Kameswaran For R - 1 : Mr.Raja Karthikeyan For RR 2 & 3 : Mr.K.Chellapandian, Additional Advocate General.

Assisted by Mr.VR.Shanmuganathan, Special Government Pleader.

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 conduct the re-count votes for the post of Member, Ward No.1, at O.Kovilpatti https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.2014 of 2020 Village Panchayat, Virudhunagar District.

2.The petitioner has filed the above Writ Petition under Article 226 of the Constitution of India without exhausting the alternate remedy available to him under Section 258 of the Tamil Nadu Panchayats Act, 1994. That apart, the issues involved in the present Writ Petition are the matter of evidence, which cannot be decided in the Writ Petition under Article 226 of the Constitution of India.

3.Since the petitioner has got alternate remedy by way of an Election Petition, we are not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ps To 1.The Election Commissioner, Tamil Nadu State Election Commission, Chennai.

2.The District Collector, Virudhunagar, Virudhunagar District.

3.The Returning Officer / Block Development Officer, O.Kovilpatti Village, Virudhunagar District.

+1 CC to M/s.SPL.GP ( SR-4763[F] dated 05/02/2020 ) +1 CC to M/s.S.KAMESHWARAN, Advocate ( SR-4504[F] dated 03/02/2020 ) W.P(MD)No.2014 of 2020 03.02.2020 JMN(13.02.2020) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2