1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.13596 of 2011 and M.P (MD) No.1 of 2011 S.Subbiah ... Petitioner Versus 1. The District Election Officer/ District Collector, Thoothukudi District, Thoothukudi. 2. The Returning Officer/Commissioner, Election of Village Panchayats, Ottapidaram Panchayat Union, Ottapidaram, Thoothukudi District. 3.S.Karuppasamy ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first and second respondents to scrutiny all the votes polled, including the postal votes polled on 19.10.2011 in the Election for the post of President of Kollankinar Village Panchayat, Ottapidaram Panchayat Union, Thoothukudi District and recount the same. For Petitioner : Mr.M.Karthikeya Venkitachalapathy For RR 1 & 2 : Mr.K.Mahendran Special Government Pleader for State Election Commission O R D E R The petitioner has come up with the above Writ Petition seeking a direction to the respondents 1 & 2 to include the postal votes and recount the votes polled in the election to Kollankinar Village Panchayat. 2. Heard Mr.M.Karthikeya Venkitachalapathy, learned Counsel for the petitioner. Mr.K.Mahendran, learned Special Government Pleader takes notice for the respondents 1 to 2. 3. The petitioner contested in the Election for the post of President of Kollankinar Village Panchayat, in the Election held on https://hcservices.ecourts.gov.in/hcservices/ 2 19.10.2011. When results were declared, it was found that the third respondent was declared as elected by a margin of two votes. 4. Broadly alleging three types of irregularities viz., (1) not taking into account the postal ballots (2) declaring the votes polled in his favour as invalid votes and (3) not tallying the total number of votes polled properly, the petitioner made a representation on 22.10.2011. But the representation did not evoke any response. Therefore, the petitioner seeks recounting of votes. 5. But the allegations based on which the petitioner seeks recounting, are matters of fact which can be decided only in a trial. Once Form 25 is issued under Rule 69, the appropriate remedy for the petitioner is only to raise an Election dispute. 6. Therefore, the Writ Petition is dismissed, leaving it open to the petitioner to raise an Election Dispute. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1. The District Election Officer/ District Collector, Thoothukudi District, Thoothukudi. 2. The Returning Officer/Commissioner, Election of Village Panchayats, Ottapidaram Panchayat Union, Ottapidaram, Thoothukudi District. +1 CC to Special Government Pleader (SR.No.42045) W.P (MD)No.13596 of 2011 29.11.2011 PS NSV/9.12.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/