The High Court dismissed a writ petition seeking a recount of votes as withdrawn by the petitioner with liberty to resort to election petition proceedings under Section 258 of the Tamil Nadu Panchayats Act, 1994.
The Writ Petition is dismissed as withdrawn granting such liberty. Connected Miscellaneous Petition is closed.
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 : 20.01.2020
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 819 of 2020 and W.M.P. No. 987 of 2020
R. Vithyasakar
... Petitioner
-vs-
1. The State Election Commission,
Rep. by its Secretary,
No. 208/2, Jawaharlal Nehru Road,
Arumbakkam,
Chennai - 600 106.
2. The District Election Officer,
District Collector,
Cuddalore.
3. The Returning Officer,
Assistant Commissioner (Excise),
Kattumannarkoil Union,
Kattumannarkoil,
Cuddalore District.
4. P. Vijayaraghavan
5. A. Rachagar ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to re-count the votes polled in the Ward No. 5, Kattumannarkoil Union within the time fixed by this Court based on the representation dated 03.01.2020.
For Petitioner : Mr. R. Manoharan For Respondents: Mr. AR.L. Sundaresan, Senior Counsel assisted by Mr. B. Nedunchezhiyan, Learned Standing Counsel (for R1)
1/3
Mr. V. Jayaprakash Narayanan, Government Pleader (for R2 and R3)
O R D E R
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.
W.P. No. 819 of 2020
rji(co) nr 11/02/2020
3/3
1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus when an effective alternative remedy exists by way of an election petition.
2 provisions across 2 enactments
R. Vithyasakar
The State Election Commission
The District Election Officer
The Returning Officer
P. Vijayaraghavan
A. Rachagar
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
