1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.12380 of 2011 and M.P (MD) No.1 of 2011 S.Rani ... Petitioner Versus 1. The State Election Commission, 100 Feet Road, Vadapalani, Chennai. 2. The District Returning Officer cum District Collector, Sivagangai District. 3. The Returning Officer, Manamadurai Panchayat Union, Sivagangai District. 4. Amsavalli ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to recount the votes casted in Sirugudi Panchayat and to declare the results as per the revised counting forthwith. For Petitioner : Mr.Veera Kathiravan For RR 1 & 3 : Mr.K.Mahendran Special Government Pleader for State Election Commission For R – 2 : Mr.R.Karthikeyan Additional Government Pleader O R D E R The petitioner has come up with the above Writ Petition seeking a Mandamus to direct the respondents 1 to 3 to recount the votes. 2. Heard Mr.Veera Kathiravan, learned Counsel for the petitioner. Mr.K.Mahendran, learned Special Government Pleader takes notice for the respondents 1 and 3 and Mr.R.Karthikeyan, learned Additional Government Pleader takes notice for the second respondent. 3. The petitioner contested for the post of President of Sirugudi Panchayat, in the Election held on 17.10.2011. His grievance is that at the time of counting of votes, his agent was not permitted to participate and certain votes polled in his favour were declared as invalid votes. Therefore, he gave a representation for recounting. But the same was not accepted. Therefore, he has come up with the above Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Once Form 25 is issued under Rule 69, the appropriate remedy open to the petitioner is only to move the Election Tribunal. The question as to whether the votes polled in his favour were wrongly declared as invalid or not, is a question of fact which requires enquiry in the form of evidence. 5. Therefore, this Writ Petition is dismissed, leaving it open to the petitioner to work out his remedies before the Election Tribunal. Consequently, connected miscellaneous petition is closed. No costs. SD/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) To 1. The State Election Commission, 100 Feet Road, Vadapalani, Chennai. 2. The District Returning Officer cum District Collector, Sivagangai District. 3. The Returning Officer, Manamadurai Panchayat Union, Sivagangai District. +1. CC to the Special Government Pleader, SR.No. 37573 ps W.P (MD)No.12380 of 2011 01.11.2011 TR :11.11.2011: 2p/5c https://hcservices.ecourts.gov.in/hcservices/