1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.12417 of 2011 Gandhimathi Vadivel ... Petitioner Versus 1. The State Election Commissioner, Chennai. 2. The District Collector, Trichy, Trichy District. 3. The Block Development Officer/Election Officer, Aavoor village, Musiri Taluk, Trichy District. 4. The Returning Officer, Musiri Taluk, Trichy District. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the third and fourth respondents to recount the votes casted for the ward numbers 1 to 9 of Aavoor Village Panchayat, Musiri Taluk, Trichy District by passing appropriate orders on the representation dated 24.10.2011 of the petitioner. For Petitioner : Mr.N.R.Balaji Srinivasan For R - 1 : Mr.K.Mahendran Special Government Pleader for State Election Commission For RR 2 to 4 : Mr.K.P.Krishnadoss Government Advocate O R D E R The petitioner has come up with the above Writ Petition seeking a Mandamus to direct the respondents 3 and 4 to recount the votes polled for Ward Nos.1 to 9 in a particular Panchayat. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard Mr.N.R.Balaji Srinivasan, learned Counsel for the petitioner. Mr.K.Mahendran, learned Special Government Pleader takes notice for the first respondent and Mr.K.P.Krishnadoss, learned Government Advocate takes notice for the other respondents. 3. The petitioner contested for the post of President of Aavoor Village in Musiri Panchayat Union, in the Election held on 19.10.2011. After counting, another candidate was declared elected. 4. Contending that the ballot boxes were mixed up and that therefore she gave a representation for recounting, the petitioner has come up with the above Writ Petition. 5. The actual grievance of the petitioner is that two ballot boxes for Ward Nos. 3, 8 and 9, were brought from other counting centres and that they were used to replace the two boxes. But, this is a grievance which can be gone into only if evidence is let in. Therefore, the appropriate remedy open to the petitioner is only to raise an election dispute. Hence, this Writ Petition is dismissed leaving it open to the petitioner to raise an Election Dispute. No costs. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1. The State Election Commission, Chennai. 2. The District Collector, Trichy, Trichy District. 3. The Block Development Officer/Election Officer, Aavoor village, Musiri Taluk, Trichy District. 4. The Returning Officer, Musiri Taluk, Trichy District. +1cc to the Special Govt.Pleader, Sr.No. 37574 ps ssk/02.11.2011 /6c -2p/- W.P (MD)No.12417 of 2011 01.11.2011 https://hcservices.ecourts.gov.in/hcservices/