1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2011 CORAM: THE HONOURABLE Mr.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)Nos.12362 and 12364 of 2011 and M.P.(MD)Nos.1 and 1 of 2011 W.P.(MD)No.12362 of 2011: B.Selvi ... Petitioner Vs. 1.The Tamil Nadu State Election Commission, Rep.by its Secretary, Opp to Koyambedu Bus Stand, 100 feet road, Chennai. 2.The District Collector, Ramanathapuram District. 3.The Block Development Officer / Returning Officer, Kadaladi Panchayat Union, Kadaladi Taluk, Ramanathapuram District. 4.Ganesan, The Block Development Officer / Returning Officer, Kadaladi Panchayat Union, Kadaladi Taluk, Ramanathapuram District. 5.S.Vasantha ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 3rd respondent to recount the votes polled for the President of S.Keeranthai Village, Ramanathapuram District in the election held on 19.10.2011 by taking into account all the ballot papers in which the intention of the voters to vote for particular candidate is evident. W.P.(MD)No.12364 of 2011: K.Muniasamy ... Petitioner Vs. 1.The Tamil Nadu State Election Commission, Rep.by its Secretary, Opp to Koyambedu Bus Stand, 100 feet road, Chennai. 2.The District Collector, Ramanathapuram District. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The Block Development Officer / Returning Officer, Kadaladi Panchayat Union, Kadaladi Taluk, Ramanathapuram District. 4.Ganesan, The Block Development Officer / Returning Officer, Kadaladi Panchayat Union, Kadaladi Taluk, Ramanathapuram District. 5.S.Lakshmana Perumal ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 3rd respondent to recount the votes polled for the President of V.Sethurajapurami Village, Ramanathapuram District in the election held on 19.10.2011 by taking into account all the ballot papers in which the intention of the voters to vote for particular candidate is evident. For Petitioners : Mr.G.R.Swaminathan for M/s.G.Udhaya For Respondents : Mr.K.Mahendran, Spl.G.P. for R1 Mr.K.P.Krishnadoss, G.A. For R2 and R3 COMMON ORDER The petitioners in both both these Writ petitions seek a mandamus, directing the 3rd respondent to recount the votes polled in the election to the post of President of S.Keeranthai Village, Ramanathapuram District and V.Sethurajapuram Village, Ramanathapuram District. 2.Heard Mr.G.R.Swaminathan, learned counsel for the petitioners. Mr.K.Mahendran, learned Special Government Pleader takes notice for the respondents 1 and 3. Mr.K.P.Krishnadoss, learned Government Advocate takes notice for the 2nd respondent. 3.The petitioners in both these Writ petitions contested in the election for the post of President of S.Keeranthai Village, Ramanathapuram District and V.Sethurajapuram Village, Ramanathapuram District. Both of them lost the elections. 4.Raising various contentions, the petitioners made request to the 3rd respondent for recounting. But the same was not considered, forcing the petitioners to come up with the above Writ petitions. 5.Once the results are declared and Form 25 is issued under Rule 69, the appropriate remedy open to the petitioners is only to file an election dispute. 6.Mr.G.R.Swaminathan, learned counsel for the petitioners submitted that the time taken by the Election Tribunal, makes the remedy under Section 259 as wholly ineffective. But the said grievance can be taken care of by appropriate directions. https://hcservices.ecourts.gov.in/hcservices/ 3 7.Therefore, these Writ petitions are dismissed leaving it open to the petitioners to raise election dispute. As and when a dispute is raised, the Election Tribunal shall make all endeavour to dispose of it within the period statutorily prescribed under Section 259(8) of the Act. No costs. Consequently, connected M.Ps.are closed. Sd/- Assistant Registrar (CO) / True copy/ Sub Assistant Registrar To 1.The Secretary, The Tamil Nadu State Election Commission, Opp to Koyambedu Bus Stand, 100 feet road, Chennai. 2.The District Collector, Ramanathapuram District. 3.The Block Development Officer / Returning Officer, Kadaladi Panchayat Union, Kadaladi Taluk, Ramanathapuram District. +2CC TO MR.G.UDHAYA, ADVOCATE SR.37418, 37419 Nbj SR : 04.11.2011 : 2p/6c W.P.(MD)Nos.12362 and 12364 of 2011 31.10.2011 https://hcservices.ecourts.gov.in/hcservices/