BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.12340 of 2011 S.Kannan :Petitioner -Vs 1.The State Election Commission, Rep.by its Secretary, 100 Feet Road, Vadpalani, Chennai-600 026. 2.The District Collector, Pudukkottai District, Pudukkottai. 3.The Returning Officer/Block Development Officer, Avudaiyarkovil Panchayat Union, Pudukkottai District. 4.S.Sornam :Respondents PRAYER:Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to recount the votes in the election held on 19.10.2011 for the Kathiramangalam Village Panchayat, Avudaiyar Kovil Taluk, Pudukottai District in the presence of any other Returning Officer/Block Development Officer, other than the third respondent. For Petitioner : Mr.V.Ravi For Respondents 2&3: Mr.R.Karthikeyan,Additional Government Pleader. For 1st Respondent : Mr.K.Mahendran,Special Government Pleader. ORDER The petitioner has come up with the above writ petition seeking a direction to the respondents 1 to 3 to recount the votes polled in the election held on 19.10.2011 to the Kathiramangalam Village Panchayat. 2.Heard Mr.V.Ravi, learned counsel for the petitioner. Mr.K.Mahendran, learned Special Government takes notice for the first respondent Mr.R.Karthikeyan, learned Additional Government Pleader, takes notice for the respondents 2 and 3. 3.The petitioner contested for the post of President of Kathiramangalam Village Panchayat, in the elections held on 19.10.2011. He was declared to have secured 252 votes. But the fourth respondent was declared to have secured 253 votes and consequently declared as winner. 4.Alleging irregularities in the manner of counting of votes, the petitioner made a representation to the second respondent requesting him to recount the votes. But the representation did not evoke any response Therefore, the petitioner is before this Court. 5.Admittedly, Form-25 under Rule 69 of the Tamil Nadu Panchayats (Election) Rules has been handed over to the fourth respondent. The counting took place on 21.10.2011 and the results declared on the same date. The representation for recounting was given on 24.10.2011. Therefore, the only remedy open to the petitioner is to go before the Election Tribunal. 6.Therefore, this writ petition is dismissed leaving it open to the petitioner to raise the election dispute before the Tribunal. No costs. Sd/- Deputy Registrar (Writs) / TRUE COPY / Assistant Registrar To:1.The Secretary, The State Election Commission, 100 Feet Road, Vadpalani, Chennai-600 026. 2.The District Collector, Pudukkottai District, Pudukkottai. 3.The Returning Officer/Block Development Officer, Avudaiyarkovil Panchayat Union, Pudukkottai District. RP/14.11.2011/1P/4C. Writ Petition(MD)No.12340 of 2011. https://hcservices.ecourts.gov.in/hcservices/