1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.12357 of 2011 S.Selvarajan ... Petitioner Vs. 1.The State Election Commissioner, 100 Feet Road, Vadapalani, Chennai 2.The District Returning Officer cum District Collector, Sivagangai District, 3.The Returning Officer, Kallal Panchayat Union, Sivagangai District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to recount the votes casted in Ward NO.16, Kallal Panchayat Union, Sivagangai District and to declare the results as per the revised counting forthwith. For Petitioner : Mr.Veera Kathiravan For Respondents 2&3 : Mr.R.Karthikeyan, Additional Government Pleader. For 1st Respondent : Mr.K.Mahendran, Special Government Pleader. O R D E R The petitioner has come up with the above writ petition seeking a direction to the respondents 1 to 3 to recount the votes polled in Ward-16, Kallal Panchayat Union, Sivagangai District in the elections held on 19.10.2011. 2.Heard Mr.Veera Kathiravan, learned counsel for the petitioner. Mr.K.Mahendran, learned Special Government takes notice for the first respondent. Mr.R.Karthikeyan, learned Additional Government Pleader, takes notice for the respondents 2 and 3. 3.The petitioner contested from Ward-16 for the post of Councillor in the local body elections held on 19.10.2011 in Kallal Panchayat Union. After counting, the rival candidate was declared elected with a margin of four votes. 4.Contending that several votes polled in his favour were rejected as invalid and also contending that the six postal ballots https://hcservices.ecourts.gov.in/hcservices/ 2 were not shown to him, the petitioner gave a complaint to the respondents 1 and 2. The complaint did not evoke any response. Hence, the above writ petition. 5.The question as to whether the votes validly polled in favour of the petitioner were declared as invalid or not and the question whether the postal ballots were polled in favour of the petitioner or not, are questions of fact which cannot be decided without a trial. Therefore, the appropriate remedy open to the petitioner is to go before the Election Tribunal raising these very same points. 6.In view of the above, the writ petition is dismissed leaving it open to the petitioner to raise all the objections before the Election Tribunal. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The State Election Commissioner, 100 Feet Road, Vadapalani, Chennai 2.The District Returning Officer cum District Collector, Sivagangai District, 3.The Returning Officer, Kallal Panchayat Union, Sivagangai District Writ Petition(MD)No.12357 of 2011 31.10.2011 sms SMA/15.11.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/