Dismissed

R.Sasikala v. The Tamil Nadu State Election Commissioner

Madras HC22 Nov 2021WP/24844/2021

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a writ petition under Article 226 of the Constitution seeking quashing of election results and recount of votes for a Panchayat President post. The petition was withdrawn to avail an alternate election petition remedy with liberty to seek condonation of delay. The court expressed no opinion on the merits.

What did the court decide?

Writ petition dismissed as withdrawn; liberty granted to file application for condonation of delay under Section 14 of the Limitation Act.

R.Sasikala Vs The Tamil Nadu State Election Commissioner — Election Law | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.11.2021

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CORAM :

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THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE

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AND

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

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W.P.NO.24844 OF 2021 & WMP.NO.26134 OF 2021

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R.Sasikala ..Petitioner

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The Tamil Nadu State Election Commission, rep.by its State Election Commissioner, No.208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai-106.

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The District Election Officer, Villupuram District, Collectorate, Villupuram District.

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The Returning Officer/Block Development Officer, Kanai Panchayat Union, Villupuram District.

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Vanitha Nagarajan

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Vasantha Sivakumar ..Respondents

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Prayer:

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Petition filed under Article 226 of The Constitution of India for a Writ of Certiorarified Mandamus to call for the records of the third respondent in Na.Ka.No.A2/2577/2021 dated 18.10.2021 and the certificate of election issued to the fourth respondent as Panchayat Board President of Kanai Panahcyat Union and quash the same and consequently direct the third respondent to recount the votes polled during the Panchayat Board President of Kanai Panchayat Union held on 09.10.2021, which were counted

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

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on 12.10.2021 and thereafter declare the results.

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For the Petitioner : Mr.P.Wilson, SC for M/s.P.Wilson Associates

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For the Respondents : Mr.S.Sivashanmugam for R1 Mr.P.Muthukumar, SGP for R2 and R3

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ORDER

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(Order of the Court was made by the Hon'ble Acting Chief Justice)

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After arguing for some length, learned counsel for the petitioner prays for withdrawal of the writ petition to avail alternate remedy by maintaining an election petition.

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The only prayer is to allow the petitioner to make an application under Section 14 of the Limitation Act to seek condonation of delay in filing the petition.

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As prayed, the writ petition is dismissed as withdrawn with liberty as prayed for. In case an application under Section 14 of the Act is filed, the Court concerned would pass appropriate orders on that after hearing the parties. It should be taken that we have not expressed any opinion on the issue. There will be no order as to costs.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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To:

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The Tamil Nadu State Election Commission, rep.by its State Election Commissioner, No.208/2, Jawaharlal Nehru Salai,

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Arumbakkam, Chennai-106.

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The District Election Officer, Villupuram District, Collectorate, Villupuram District.

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

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The Returning Officer/Block Development Officer, Kanai Panchayat Union, Villupuram District.

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+1cc to M/s.P.Wilson Associates, Advocate, S.R.No.60355

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W.P.No.24844 of 2021

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& WMP.No.26134 of 2021

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KSM(CO) PM/29/11/2021

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

R.Sasikala v. The Tamil Nadu State Election Commissioner

Case brief

What is this about?

What did the court decide?

R.Sasikala v. The Tamil Nadu 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

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