1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)Nos.12294 & 12295 of 2011 and M.P (MD) Nos.1 & 1 of 2011 W.P.No.12294 of 2011:- M.Chandra ... Petitioner Versus 1. The State Election Commission, Rep. By its Secretary, 100 Feet Road, Vadapalani, Chennai – 600 026. 2. The District Collector, Tirunelveli District, Tirunelveli. 3. The Returning Officer/Block Development Officer, Palayamkottai Panchayat Union, Tirunelveli District. 4. Annalakshmi ... 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 in the election held on 17.10.2011 for the post of Union Councillor, 4th Ward, Palayamkottai Panchayat Union, Tirunelveli District, in the presence of any other Returning Officer/Block Development Officer and to declare the results by following the provisions of the Tamil Nadu Panchayat Election Rules scrupulously. W.P.No.12295 of 2011:- P.Shanthi ... Petitioner Versus 1. The State Election Commission, Rep. By its Secretary, 100 Feet Road, Vadapalani, Chennai – 600 026. 2. The District Collector, Tirunelveli District, Tirunelveli. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The Returning Officer/Block Development Officer, Cheranmahadevi Panchayat Union, Tirunelveli District. 4. Vasantha Rathnabai ... 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 in the election held on 17.10.2011 for the post of Panchayat President for Ulagankulam Village Panchayat, Cheranmahadevi Panchayat Union, Tirunelveli District, in the presence of any other Returning Officer and to declare the results by following the provisions of the Tamil Nadu Panchayats Election Rules scrupulously. For Petitioner : Mr.S.Karthikaibalan for Mr.M.Sundarapandyaraja For R – 1 : Mr.K.Mahendran Special Government Pleader for State Election Commission For RR 2 & 3 : Mr.R.Karthikeyan Additional Government Pleader COMMON ORDER The petitioner in both these Writ Petitions seek a direction to the respondents to recount the votes in the Election held on 17.10.2011 to the local bodies. 2. Heard Mr.S.Karthigaibalan, learned Counsel for the petitioner. Mr.K.Mahendran, learned Special Government Pleader takes notice for the state Election Commission and Mr.R.Karthikeyan, learned Additional Government Pleader takes notice for the respondents 2 & 3. 3. Alleging that the votes polled in their favour were wrongly added to the total votes polled in favour of the fourth respondent in these Writ Petitions, the petitioners made representations seeking recounting of votes. Since the representations did not evoke any response, the petitioners have come up with the above Writ Petitions. 4. The question as to whether the votes polled in favour of the petitioners were added to the votes of the contesting respondents wrongly or not is a question of fact, which cannot be gone into without a trial. The margin of votes being low, is not a criteria for ordering recounting of votes. Therefore, the only remedy open to the petitioners is to raise Election disputes. Therefore, leaving it open to the petitioners to raise Elections disputes, the Writ Petitions are dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. ps Sd/- Assistant Registrar[Records] /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Secretary, State Election Commission, 100 Feet Road, Vadapalani, Chennai – 600 026. 2. The District Collector, Tirunelveli District, Tirunelveli. 3. The Returning Officer/Block Development Officer, Palayamkottai Panchayat Union, Tirunelveli District. 4. The Returning Officer/Block Development Officer, Cheranmahadevi Panchayat Union, Tirunelveli District. +2cc to Mr.Sundarapandiyaraja, Advocate Sr.Nos.36961 & 36962. W.P.(MD)Nos.12294 & 12295 of 2011 Dated:29.10.2011 3P/7C RPB : 29.10.2011 https://hcservices.ecourts.gov.in/hcservices/