Dismissed

R.Ganaesan v. The Chief Election Commissioner

Madras HC20 Jan 2020WP/764/2020

Case brief

AI extract

What is this about?

A written order granting liberty to withdraw a Writ Petition filed under Article 226 seeking recount of votes, as the petitioner had an effective alternative remedy via an election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994. The petition was dismissed as withdrawn and no costs awarded.

What did the court decide?

Writ Petition dismissed as withdrawn; liberty to pursue alternative remedy under Section 258 of the Tamil Nadu Panchayats Act, 1994 granted.

R.Ganaesan Vs The Chief Election Commissioner — Election Law | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 20.01.2020

¶3

CORAM

¶4

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

¶5

W.P. No. 764 of 2020

¶6

R. Ganaesan ... Petitioner

¶7

-vs-
1. The Chief Election Commissioner,
Tamil Nadu State Election Commission,
Inner Ring Road,
Jai Nagar,
Koyambedu,
Chennai - 600 106.
2. The District Election Officer/District Collector,
Thiruvannamalai District.
3. The Returning Officer,
Tamil Nadu Local Body Elections 2019,
Se Andapattu Village,
Thandarapattu Taluk,
Thiruvannamalai District. ... Respondents

¶8

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First and Second Respondents to re-count the votes in all the wards of Se Andapattu Village, Thandarampattu Taluk, Thiruvannamalai.

¶9

For Petitioner : Mr. S. Sivaraman

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For Respondents: Mr. AR.L. Sundaresan, Senior Counsel assisted by Mr. B. Nedunchezhiyan, Learned Standing Counsel (for R1)

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

¶12

¶13

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

¶14

O R D E R

¶15

Mr. AR.L. Sundaresan, Learned Senior Counsel assisted by 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.

¶16

When it is pointed out by the Learned Senior 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.

¶17

Accordingly, the Writ Petition is dismissed as withdrawn
granting such liberty. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
vjt
To
1. The Chief Election Commissioner,
Tamil Nadu State Election Commission,
Inner Ring Road,
Jai Nagar,
Koyambedu,
Chennai - 600 106.
2. The District Election Officer/District Collector,
Thiruvannamalai District.
3. The Returning Officer,
Tamil Nadu Local Body Elections 2019,
Se Andapattu Village,
Thandarapattu Taluk,
Thiruvannamalai District.
W.P. No. 764 of 2020
JP(CO)
CB(11/02/2020)
2

¶18

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

R.Ganaesan v. The Chief Election Commissioner

Case brief

What is this about?

What did the court decide?

R.Ganaesan 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

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