1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)NO.12568 of 2011 and M.P.(MD)No.1 of 2011 M.Kalaivannan ... Petitioner Versus 1.The Secretary, Tamil Nadu Election Commission, 100 Feet Jawaharlal Nehru Road, Koyampedu, Chennai - 600 107. 2.The District Returning Officer/ The District Collector, Sivagangai District, Sivagangai. 3.The Returning Officer/The Commissioner, Kallal Panchayat Union,Kallal, Karaikudi Taluk, Sivagangai District. 4.S.Udayakumar 5.S.Sudharsan 6.S.Chelladurai. 7.K.Arumugam ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 3rd respondent to count the 9 postal votes which were polling to the post of Vetriyur Panchayat and consequently declare the result of Panchayat President of Vetriyur. For Petitioner : Mr.K.C.Ramalingam For R - 1 to R - 3 : Mr.K.Mahendran, Special Government Pleader. O R D E R The petitioner has come up with the above writ petition, seeking a mandamus to direct the third respondent to count 9 postal votes, for election to the post of President of Vetriyur Panchayat. 2. Heard Mr.K.C.Ramalingam, learned counsel for the petitioner and Mr.K.Mahendran, learned Special Government Pleader for respondents 1 to 3. 3. The petitioner contested for the post of Vetriyur Panchayat, in the election held on 19.10.2011. After the votes were counted on 21.10.2011, the petitioner and the 4th respondent were declared to have secured 324 votes each. Therefore, the Returning Officer proceeded to conduct a draw of lots. https://hcservices.ecourts.gov.in/hcservices/ 2 4. But, contending that there were 9 postal ballots which were not taken into account, the petitioner gave a representation and came up with the above writ petition. 5. Since the primary contention of the petitioner was that there were 9 postal ballots, which were not at all taken into account, I directed the Special Government Pleader to take notice and get instruction from the Election Commission, when the writ petition came up for admission on 11.11.2011. I also directed him to produce Form Nos.22 and 23 to see if there were postal ballots. 6. Toady, the learned Special Government Pleader, has produced Form Nos.22 and 23. Both the forms reveal that a total number of 859 votes were polled in the election. 37 votes were rejected as invalid, leaving 822 votes as validly polled. The petitioner as well as the 4th respondent had secured 324 votes each. The respondents 5 to 7 had secured 42, 86 and 46 votes. 7. Form Nos.22 and 23 do not disclose the polling of any postal ballots. Therefore, it becomes a disputed question of fact as to whether there were postal ballots and whether they were kept out without being taken into account. Such a disputed question is better relegated to an election petition that could be filed by the petitioner. 8. It is to be pointed out that Form No.22 is prepared under Rule 66 (1) of the Tamil Nadu Panchayats (Elections) Rules, 1995 immediately after the completion of counting and recording. Therefore, anything that requires an investigation or an enquiry to be conducted, should go only before the election tribunal. 9. In view of the above, this writ petition is dismissed, leaving it open to the petitioner to raise the election dispute before the appropriate tribunal. As and when the petitioner raised an election dispute, the tribunal shall dispose of the same within a period of six months from the date of filing of the petition. Consequently, connected miscellaneous petition is closed. No costs. SD ASST REGISTRAR ( T AND P ) /TRUE COPY/ vsm SUB ASST REGISTRAR To 1.The Secretary, Tamil Nadu Election Commission, 100 Feet Jawaharlal Nehru Road, Koyampedu, Chennai - 600 107. 2.The District Returning Officer/ The District Collector, Sivagangai District, Sivagangai. 3.The Returning Officer/ The Commissioner, Kallal Panchayat Union, Kallal, Karaikudi Taluk, Sivagangai District. 1CC TO MR. RAMALINGAM, ADVOCATE, SR: 41445: 1CC TO THE SPL. GOVT PLEADER SR: 41641: DM::2011:NOVEMBER:25:: W.P.(MD)NO.12568 of 2011 2P:6:: 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/