1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.12292 of 2011 and M.P (MD) No.1 of 2011 P.Ramesh ... Petitioner Versus 1. The Tamil Nadu State Election Commission, Rep. By the Election Commissioner, 100 Feet Road, Vadapalani, Chennai – 600 026. 2. The District Election Officer/District Collector, Kanyakumari District, Nagercoil. 3. The Returning Officer/Block Development Officer, Munchirai Panchayat Union, Pudhukadi Post, Kanyakumari District. 4. Richard Wilson 5. E.K.Sundaram ... 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 permit the petitioner to take oath as a 3rd ward member of Methukummal Village Panchayat, Munchirai Panchayat Union, Kanyakumari District, as per the election declaration result announced by the third respondent under Tamil Nadu Panchayats (Election) Rules. For Petitioner : Mr.M.Sarvanakumar For R - 1 : Mr.K.Mahendran Special Government Pleader for State Election Commission For RR 2 & 3 : Mr.R.Karthikeyan Additional 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 permit him to take oath as an elected member from Ward No.3 of a Village Panchayat. 2. Heard Mr.M.Sarvanakumar, learned Counsel for the petitioner. Mr.K.Mahendran, learned Special Government Pleader takes notice for the first respondent and Mr.R.Karthikeyan, learned Additional Government Pleader takes notice for the respondents 2 & 3. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioner contested as a candidate for Ward No.3 of Methukummal Village Panchayat, Munchirai Panchayat Union, Kanyakumari District. According to the petitioner, a total number of 749 votes were polled and that he secured 203 votes. The fifth respondent secured 174 votes. The grievance of the petitioner is that after finding that the petitioner secured the highest votes, the Returning Officer asked him to come late in the day to collect Form 25, but issued Form 25 clandestinely to the fifth respondent. Therefore, he has come up with the above Writ Petition seeking a direction to the respondents to permit him to take oath. 4. Admittedly, Form 25 has been issued under Rule 69 of the Tamil Nadu Panchayats (Election) Rules to the fifth respondent. That clinches the issue under the Rules. Therefore, the only remedy open to the petitioner is to file an Election dispute. Therefore, this Writ Petition is dismissed leaving it open to the petitioner to adjudicate all the points in an Election Dispute. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) To 1. The Tamil Nadu State Election Commission, Rep. By the Election Commissioner, 100 Feet Road, Vadapalani, Chennai – 600 026. 2. The District Election Officer/District Collector, Kanyakumari District, Nagercoil. 3. The Returning Officer/Block Development Officer, Munchirai Panchayat Union, Pudhukadi Post, Kanyakumari District. +1. CC to the Special Government Pleader, SR.No. 37097 ps W.P (MD)No.12292 of 2011 29.10.2011 TR :09.11.2011: 2p/5c https://hcservices.ecourts.gov.in/hcservices/