1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.12361 of 2011 V.Vijayamoorthy ... Petitioner Vs. 1.The Collector, Tuticorin District, 2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District. 3.Kalaimanidoss ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration, declaring that the declaration made on 21.10.2011 by the 2nd respondent that the third respondent had been elected as Ward Councilor of Ward No.17 of Kovilpatti Panchayat Union of Tuticorin District is null and void. For Petitioner R1 & R2 : Mr.B.Rajesh Saravanan For Respondents : Mr.K.P.Krishnadoss, Government Advocate O R D E R The petitioner has come up with the above writ petition seeking to set aside the declaration made by the second respondent that the third respondent was duly elected as Ward Councilor of Ward-17 of Kovilpatti Panchyat Union. 2.Heard Mr.B.Rajesh Saravanan, learned counsel for the petitioner. Mr.R.Karthikeyan, learned Additional Government Pleader, takes notice for the respondents. 3.Apart from the fact that the Tamil Nadu Election Commissioner is not a party to the writ petition, the issues raised in the writ petition have to be adjudicated only in an election dispute raised under Section 259 of the Tamil Nadu Panchayats Act, 1994. The main contention of the petitioner is that the third respondent is professing Christianity and that he contested from a constituency reserved for scheduled castes. The second grievance is that the total number of votes polled for the post of President of Panchayat did not tally with the number of votes polled for Ward-17. The third grievance is that the postal ballots were assigned to the third respondent. 4.All the above three disputes are questions of fact, which cannot be gone into in a writ petition. Form 25 in terms of Rule 69 has been issued to the third respondent. Therefore, the only remedy open to the petitioner is to go before the Election Tribunal. https://hcservices.ecourts.gov.in/hcservices/ 2 6.Hence, the above writ petition is dismissed leaving it open to the petitioner to raise all the above disputes before the Election Tribunal. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Collector, Tuticorin District, 2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District. + 1 cc to Mr.B.Rajesh Saravanan, Advocate, SR No.37249 Writ Petition(MD)No.12361 of 2011 31.10.2011 Sms RJ/10.11.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/