1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2011 C O R A M THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No. 12406 of 2011 and M.P.(MD) No. 1 of 2011 M.Selvakumar ... Petitioner Vs. 1.The State Election Commissioner, (Local Bodies election), 100 Feet Road, Vadapalani, Chennai. 2.The District Election Officer, District Collector, Tirunelveli-District, Tirunelveli. 3.The Returning Officer, (Election of Panchayat Ward Member), Vagaikulam Village Panchayat/ Block Development Officer, Kuruvikulam Panchayat Union, Kuruvikulam,Tirunelveli-District. 4.P.Prabakaran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing these respondents 1 to 3 to issue Form 24 certificate, to this petitioner, as elected member for ward No.3 for the period 2011-2016 in Vagaikulam Village Panchayat in kuruvikulam Panchayat Union in Tirunelveli District, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr. F.X.Eugene For R2 : Mr.K.P.Krishnadoss Government Advocate For R1 and R3 : Mr.K.Mahendran Special Government Pleader for Election Commission O R D E R The petitioner has come up with the above Writ Petition seeking a writ of mandamus directing the respondents 1 to 3 to issue Form-24, declaring him as having been elected as the Member of Ward No.3 in https://hcservices.ecourts.gov.in/hcservices/ 2 Vagaikulam Village Panchayat. 2. Heard Mr.F.X.Eugene, learned counsel for the petitioner and Mr.K.P.Krishnadoss, learned Government Advocate takes notice for the second respondent and Mr.K.Mahendran, learned Special Government Pleader takes notice for respondent Nos. 1 and 3. 3. The petitioner contested for election to the post of Councilor from Ward No.3 of Vagaikulam Panchayat in Kuruvikulam Panchayat Union. According to the petitioner, after counting was over, the Returning Officer declared the petitioner as having been duly elected. The Returning Officer directed the petitioner to come on the next day for the issue of necessary forms. But all of a sudden, the Returning Officer manipulated the results. Therefore, he has come up with the above Writ Petition. 4. A perusal of the affidavit filed in support of the Writ Petition would show that the petitioner is relying upon a oral declaration allegedly made by the Returning Officer. The said statement cannot be tested in a Writ Petition. Once Form 25 is issued in terms of Rule 69 to a candidate, the only remedy open to the defeated candidate is to raise the issues before the Election Tribunal. 5. Therefore, the Writ Petition is dismissed leaving it open to the petitioner to raise all these issues before the Election Tribunal. No costs. Consequently, connected M.P. is also closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To, 1.The State Election Commissioner,(Local Bodies election), 100 Feet Road, VAdapalani,Chennai. 2.The District Election Officer,District Collector, Tirunelveli-District,Tirunelveli. 3.The Returning Officer, (Election of Panchayat Ward Member), Vagaikulam Village Panchayat/ Block Development Officer,Kuruvikulam Panchayat Union, Kuruvikulam,Tirunelveli-District. +1cc to Mr.F.X.Eugene,Advocate, Sr.No. 37478 +1cc to the Special Govt.Pleader, Sr.No. 37572 ses ssk/14.11.2011 /6c -2p/- W.P.(MD)No.12406 of 2011 1.11.2011 https://hcservices.ecourts.gov.in/hcservices/