1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.13017 of 2011 Alagarsamy ... Petitioner Versus 1. The Commissioner, Tamil Nadu Election Commission, Chennai. 2. The District Election Officer, Theni District, Theni. 3. The Returning Officer, Athakoil Village Panchayat, Andipatti Block Development Office, Andipatti, Theni District. ... 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 to re-count in the ballot box No.120 pertaining to ward No.1 of Ethakoil Village Panchayat, Andipatti Block, Andipatti Panchayat Union, Theni District. For Petitioner : Mr.S.S.Sundar for Mr.S.Chellapandian For Respondents: 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 to recount a particular ballet box relating to the election held for the post of President of Ethakoil Village Panchayat, Andipatti Block, Theni District. 2.Heard Mr.S.S.Sundar, learned counsel for the petitioner. Mr.K.Mahendran, learned Special Government Pleader takes notice for the respondents. 3.The petitioner contested for election to the post of President of Ethakoil Village Panchayat, held on 17.10.2011. After the counting was over, it appears that the rival candidate sought recounting of votes declared invalid. The request was conceded and the rival candidate was declared elected after making invalid votes as valid votes. Therefore, the petitioner has come up with the above Writ petition. 4.But unfortunately for the petitioner, the rival candidate has been issued with Form-25 in terms of rule 69 of the Tamil Nadu Panchayat Elections Rules. Therefore, the only remedy now open to https://hcservices.ecourts.gov.in/hcservices/ 2 the petitioner is to raise an election dispute in terms of 259 of the Panchayat Act. Therefore, leaving it open to the petitioner to raise the dispute before the Election Tribunal, the Writ petition is dismissed. 5.As and when the petitioner files an election petition the concerned Tribunal shall dispose of the election petition within the period of 6 months as prescribed by the Act. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1. The Commissioner, Tamil Nadu Election Commission, Chennai. 2. The District Election Officer, Theni District, Theni. 3. The Returning Officer, Athakoil Village Panchayat, Andipatti Block Development Office, Andipatti, Theni District. +one cc to Special Government Pleader, Sr.No. 40140 W.P (MD)No.13017 of 2011 16.11.2011 NBJ SMA/02.12.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/