Dismissed

Selvi v. The Chief Election Commissioner

Madras HC3 Jan 2020WP/31/2020

Case brief

AI extract

What is this about?

The petitioner challenged the assistant returning officer's acceptance of a rival nomination via Article 226. The Court found an effective alternative remedy was an election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994, and dismissed the writ upon withdrawal.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to approach the appropriate authority under the Tamil Nadu Panchayats Act.

Selvi Vs The Chief Election Commissioner — Election Law | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.01.2020

¶2

CORAM

¶3

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

¶4

W.P. No. 31 of 2020 and W.M.P. No. 37 of 2020

¶5

Selvi

¶6

... Petitioner
Vs.
1.The Chief Election Commissioner
Office of the Tamilnadu Election Commission
Chennai – 600 106.
2. The District Collector
Thiruvannamalai District.
3. The District Election Officer
Tiruvannamalai District.
4. The Assistant Election Officer
Thalaiyampallam Village Panchayat
Thiruvannamalai Panchayat Union.
5. Mrs.Andal ... Respondents

¶7

Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified mandamus, calling for the record of the Assistant Returning Officer, Thalaiyampallam Village Panchayat, Thiruvannamalai Union, i.e. The 4^th Respondent herein culminating in memorandum dated 17.12.2019 in which the 4^th Respondent improperly accepted the nomination of the 5^th Respondent and quash the same and further direct the 4^th Respondent not to declare the result of the 5^th Respondent in the event of her winning in the Panchayat elections held on 27.12.2019 for the Thalaiyampallam Village Panchayat.

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For Petitioner : Mr. K. Balakrishnan For Respondents: Mr. B.Neduchezhiyan (For R1) Mr. V.Jayaprakash Narayanan (For R2 to R4) Government Pleader

¶9

https://hcservices.ecourts.gov.in/hcservices/

¶10

O R D E R

¶11

Mr. B. Nedunchezhiyan, Learned Standing Counsel takes notice for the First Respondent and Mr. V. Jayaprakash Narayanan, Learned Government Pleader takes notice for the Second to Fourth Respondents.

¶12

When it is pointed out by the Learned Standing Counsel appearing for the First Respondent that the Petitioner has got an effective alternative remedy by way of election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has also made an endorsement to that effect, which is recorded.

¶13

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/Assistant Registrar(CS) //True Copy// Sub Assistant Registrar maya/vjt To 1.The Chief Election Commissioner Office of the Tamilnadu Election Commission Chennai – 600 106. 2. The District Collector Thiruvannamalai District. 3. The District Election Officer Tiruvannamalai District. 4. The Assistant Election Officer Thalaiyampallam Village Panchayat Thiruvannamalai Panchayat Union. +1cc to Mr.K.Bala krishnan , Advocate SR.No. 427 +1cc to Mr.B.Nedunchezhian , Advocate SR.No. 1487 W.P. No. 31 of 2019 A.SK(06/02/2020)

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https://hcservices.ecourts.gov.in/hcservices/

Selvi v. The Chief Election Commissioner

Case brief

What is this about?

What did the court decide?

Selvi v. The Chief Election Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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