The High Court of Madras dismissed a writ petition filed to compel a re-count of votes in a village panchayat election. The petitioner withdrew the petition with liberty to file an election petition as per the Tamil Nadu Panchayats Act.
Writ Petition dismissed as withdrawn with liberty to pursue election petition remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2020
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 717 of 2020 and W.M.P. Nos. 864, 867 and 874 of 2020
K. Sanjeevikumar ... Petitioner
-vs-
1. The Chief Election Commissioner,
Local Body Election Commission,
Head Office at No. 208/2, Jawaharlal Nehru Road,
(100 Feet Road), Vadapalani,
Chennai - 600 106.
2. The District Collector/The District Election Officer,
Perambalur,
Perambalur District.
3. The Returning Officer,
Perambalur Panchayat Union,
Perambalur,
Perambalur District.
4. Mohan
5. The Assistant Returning Officer,
Perambalur Panchayat Union,
Perambalur,
Permabalur District.
6. The Block Development Officer,
Perambalur Panchayat Union,
Perambalur Taluk,
Perambalur District.
7. K. Jayanthi ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the Third Respondent in his proceeding dated 02.01.2020 wherein refusal for re-counting of entire votes Keelakkarai Village Panchayat, Perambalur Taluk,
Perambalur District and consequential declaration of the Third Respondent dated 02.01.2020 wherein the Third Respondent has declared that the Seventh Respondent has won the election in the Keelakkarai Village Panchayat, Perambalur Taluk, Perambalur District and consequentially direct the Third Respondent to conduct the re-counting the entire votes for Keelakkarai Village Panchayat, Perambalur Taluk, Perambalur District.
For Petitioner : Mr. A. Ilaya Perumal
For Respondents: Mr. B. Nedunchezhiyan,
Standing Counsel (for R1)
Mr. V. Jayaprakash Narayanan, Government Pleader (for R2, R3, R5 and R6)
O R D E R
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, Third, Fifth and Sixth Respondents.
Sd/Assistant Registrar(CS-III)
//True copy//
Sub Assistant Registrar vjt To
1 issue framed by the court
Whether an election dispute should be dismissed as withdrawn in favour of an election petition remedy.
1 provisions across 1 enactments
K. Sanjeevikumar
The Chief Election Commissioner
The District Collector/The District Election Officer
The Returning Officer
Mohan
The Assistant Returning Officer
P.D. AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
