1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)NO.12819 of 2011 & M.P(MD)No.1 of 2011 K.Thamizh Selvi ... Petitioner Versus 1.The State Election Commissioner, Tamil Nadu State Election Commission, No.208, Jawaharlal Nehru Salai, Arumbakkam, Opp:TNBT, Chennai-600 106. 2.The District Election Officer-cum- Returning Officer, Office of the District Collector, Theni District, Theni. 3.The District Collector, Theni District, Theni. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to recount the votes for Ward No.1 of Oonjampatti village as per the written representation of the petitioner to the respondents in accordance with law and under Rule 66 of the Tamil Nadu Panchayats (Elections) Rules 1995. For Petitioner :Mr.K.Appadurai For Respondents :Mr.K.Mahendran, Spl.Govt.Pleader. O R D E R The petitioner has come up with the above writ petition seeking a Writ of Mandamus directing the respondents to order recounting of votes. 2.Heard Mr.K.Appadurai, learned Counsel for the petitioner. Mr.K.Mahendran, learned Special Government Pleader, takes notice for the respondents. 3. The petitioner contested for the post of Ward Councilor from Ward No.1 of Oonjampatti Village. The election was held on 17.10.2011 and the counting took place on 21.10.2011. Ultimately, the rival candidates was declared as successful. Therefore, the petitioner gave a complaint on 24.10.2011 seeking recounting and has come up with the above writ petition therein. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Since the petitioner has given a request for recounting after declaration of results and also since Form-25 in terms of Rule 69 of the Tamil Nadu Panchayats(Elections) Rules, 1995 has already been issued, the only remedy is to move the Election Tribunal, leaving it open to the petitioner to file an Election petition. As and when the petitioner files an Election petition, the Election Tribunal shall endeavour to dispose of it within a period of six months as stipulated. 5.With the above direction this writ petition is dismissed. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The State Election Commissioner, Tamil Nadu State Election Commission, No.208, Jawaharlal Nehru Salai, Arumbakkam, Opp:TNBT, Chennai-600 106. 2.The District Election Officer-cum- Returning Officer, Office of the District Collector, Theni District, Theni. 3.The District Collector, Theni District, Theni. +one cc to Special Government Pleader, Sr.No. 39492 W.P.(MD)NO.12819 of 2011 11.11.2011 gsr SMA/28.11.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/