Petitioner sought quashing of a Returning Officer's letter and a vote recount for a Village President election held under the Tamil Nadu Panchayat Act, 1994. The Court held that election disputes fall under Section 258, requiring an election petition to the District Judge within fifteen days, and dismissed the writ petition as not maintainable.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2024
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No.1585 of 2020 and W.M.P.No.1869 of 2020
K.Devi
.. Petitioner
Vs.
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 respondents in connection with the impugned letter issued by the 2nd respondent dated 02.01.2020 and quash the same and further direct the respondents 1 and 2 to recount the votes polled for the post of Village President election at Kongarpalayam, held on 02.01.2020.
2 For Petitioner .. Mr.R.Rajendiran For R1 & R2 .. Mr.N.Naveen Kumar, Govt. Advocate
ORDER
This Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records of a letter issued by the 2nd respondent, the Assistant Returning Officer, Panchayat President Election cum Regional Deputy Block Development Officer, Thookanayakkanpalayam, Gobichettipalayam Taluk, Erode District dated 02.01.2020 and to quash the same and also direct the 1st and 2nd respondents to recount the votes polled for the Village President election at Kongarpalayam held on 02.01.2020.
2.It is seen that the petitioner seeks this Court to call for the records of the election conducted for the post of Village President and direct recounting of votes. Elections have been conducted under the provisions of the Tamil Nadu Panchayat Act, 1994 (hereinafter called as 'the Act'). Section 258 of the Act, falls under the category of disputes regarding election. Section 258 of the Act is very clear. It states that no election of President or Chairman or member shall be called in question except by an Election Petition presented before the District Judge of the district in which the panchayat is situated, within 15 days from the date of the publication of
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the result of the election under this Act.
3.Section 258(1) of the Act is as follows:
(1). No election of a President or a Chairman or a member shall be called in question except by an election petition presented to the District Judge of the district in which the Panchayat is situated, within fifteen days from the date of the publication of the result of the election under this Act.”
India is not maintainable. The Writ Petitioner should have filed a suit. She should have filed the suit within 15 days of the date of publication of the result. The Writ Petition is of the year 2020. The Court has no jurisdiction to examine the issues raised in the Writ Petition. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
13.12.2024
Index:Yes/No Internet:Yes/No smv
C.V.KARTHIKEYAN,J.
smv
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To
2.The Assistant Returning Officer, Panchayat President Election cum Regional Deputy Block Development Officer, Thookanayakkanpalayam, Gobichettipalayam (TK), Erode District.
W.P.No.1585 of 2020
13.12.2024
1 issue framed by the court
Is a writ petition under Article 226 maintainable to challenge a panchayat election and seek recount of votes when Section 258 of the Tamil Nadu Panchayat Act, 1994 prescribes an election petition bef
3 provisions across 2 enactments
K.Devi
The District Collector, Erode District
The Assistant Returning Officer, Panchayat President Election cum Regional Deputy Block Development Officer, Thookanayakkanpalayam, Gobichettipalayam (TK), Erod
Janaki
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
