1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.13803 of 2011 S.Tamilarasan ... Petitioner Vs. 1.The Secretary, T.N.State Election Commission, 100 Feet Jawaharlal Nehru Road, Koyembedu, Chennai-600 107. 2.The District Returning Officer/ The District Collector, Sivagangai District, Sivagangai. 3.The Returning Officer, Block Development Officer/Commissioner, Kallal Panchayat Union. 4.C.Aadhiyan 5.L.Karnan 6.A.Karuppaiah 7.R.Suriyan 8.V.Periyakaruppan 9.K.Raja ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the 3rd respondent to recount the vote along with 8 postal votes which were polling to the post of Kandaramanickam Panchayat President and consequently declare the result of Panchayat President of Kandaramanickam. For Petitioner : Mr.K.C.Ramalingam 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 to recount the votes polled in the election held to the post of Kandaramanickam Panchayat President. 2.Heard Mr.K.C.Ramalingam, learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 2 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 request of the petitioner for recounting was rejected by the Returning Officer. He has stated some reasons for the same in his letter dated 28.10.2011. In a writ petition, I cannot test the correctness of the reasons stated by him. 4.The fact remains that Form 25 has been issued in terms of Rule 66. Therefore, the appropriate course of action for the petitioner is only to file an election petition. Therefore, leaving it open to the petitioner to raise the election dispute before the Tribunal, this writ petition is dismissed. As and when the petitioner files an election petition, it shall be disposed of within a period of six months by the Tribunal. No costs. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The Secretary, T.N.State Election Commission, 100 Feet Jawaharlal Nehru Road, Koyembedu, Chennai-600 107. 2.The District Returning Officer/ The District Collector, Sivagangai District, Sivagangai. 3.The Returning Officer, Block Development Officer/Commissioner, Kallal Panchayat Union. Writ Petition(MD)No.13803 of 2011 02.12.2011 sms SMA/02.12.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/