Dismissed

R.Janaki v. The State Election Commissioner

Madras HC10 Jan 2020WP/654/2020

Case brief

AI extract

What is this about?

Petitioner challenged election result via Article 226 writ. Court held alternative remedy exists via election petition under Section 258 of Tamil Nadu Panchayats Act. Writ dismissed as withdrawn with liberty to use alternative remedy.

What did the court decide?

Writ Petition dismissed as withdrawn with liberty to resort to alternative remedy of election petition under Section 258 of Tamil Nadu Panchayats Act, 1994.

R.Janaki Vs The State Election Commissioner — Election Law | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 10.01.2020

¶3

CORAM

¶4

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

¶5

W.P. No. 654 of 2020
and
W.M.P. No. 802 of 2020
R. Janaki
... Petitioner
-vs-
1. The State Election Commissioner,
Tamil Nadu Election Commission,
No. 208/2, Jawaharlal Nehru Road,
Arumbakkam,
Chennai - 600 106.
2. The District Election Officer & District Collector,
Dharmapuri District,
Dharmapuri.
3. The Returning Officer,
President/Ward Member Election Dharmapuri Panchayat Union,
Dharmapuri District.
4. A. Meenakshi
... Respondents
Prayer: Writ Petition filed under Article 226 of the
Constitution of India praying to issue a Writ of Declaration,
declaring the result of election of Vellalapatti Village
Panchayat, Dharmapuri Panchayat Union, Dharmapuri District in
favour of the Fourth Respondent as null and void.

¶6

For Petitioner : Mr. R. Sankarasubbu For Respondents: Mr. B. Nedunchezhiyan, Standing Counsel (for R1)

¶7

Mr. V. Jayaprakash Narayanan, Government Pleader (for R2 and R3)

¶8

1/3

¶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 and Third Respondents.

¶12

When it is pointed out by the Learned Government Pleader appearing for the Second and Third Respondents 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Accordingly, the Writ Petition is dismissed as withdrawn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, the connected Miscellaneous
Petition is closed. No costs.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
To
1. The State Election Commissioner,
Tamil Nadu Election Commission,
No. 208/2, Jawaharlal Nehru Road,
Arumbakkam,
Chennai - 600 106.
2. The District Election Officer & District Collector,
Dharmapuri District,
Dharmapuri.
2/3

¶14

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

¶15

The Returning Officer, President/Ward Member Election Dharmapuri Panchayat Union, Dharmapuri District.

¶16

W.P. No. 654 of 2020

¶17

mg(co) nr 20/02/2020

¶18

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

¶19

3/3

R.Janaki v. The State Election Commissioner

Case brief

What is this about?

What did the court decide?

R.Janaki v. The State 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

Similar cases

S.Sayadmusthafa Vs The Commissioner

Anbu, Vs The Inspector General of Registration

A.Arokiyasamy, Vs The Tahsildar and Record Officer

Nathiya Vs The Tamilnadu State Election Commission

M.Sujatha Vs the State Election Commissioner

K.Sanjeevikumar Vs The Chief Election Commissioner