1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD).No.13053 of 2011 And M.P.(MD).No. 1 of 2011 S.Murugesan ... Petitioner -Vs- 1. The State Election Officer/Commissioner of Rural Development and Panchayat Raj, Chennai - 15. 2. The State Election Commissioner, State of Tamilnadu, Office of the Election Commission, Chennai - 106. 3. The Block Development Officer, Valliyoor, Tirunelveli District. 4. The District Collector, Tirunelveli District, Tirunelveli. 5. A.Thangavel 6. Periyachamay ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents particularly the third respondent to pass an order for re-counting of the total votes polled in the Panchayat election for the post of Alankarkulam Village Panchayat President, Valliyoor Union, Tirunelveli District in pursuance of his request and telegraphic representation dated 22.10.2011 and declare the result there upon. For Petitioner : Mr.S.Palanivelayutham For RR 1 to 4 : 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 respondents to order re-counting of votes. 2. Heard Mr.S.Palanivelayutham, learned counsel for the petitioner. Mr.K.Mahendran, learned Special Government Pleader, takes notice for the respondents 1 to 4. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioner contested for the post of President of Alankarkulam Village Panchayat, in the elections held on 19.10.2011. The counting took place on 21.10.2011. According to the petitioner, he secured the highest votes. But without declaring his results, the Returning Officer, manipulated the results. Therefore, the petitioner gave a representation for re-counting and thereafter came up with the above Writ Petition. 4. There is no dispute about the fact that the rival candidate has been issued with Form 25 in terms of Rule 69. Therefore, the appropriate remedy open to the petitioner is only to file an election petition. 5. In view of the above, the Writ Petition is dismissed leaving it open to the petitioner to raise an election dispute. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar (Records) / True Copy / Sub Assistant Registrar To 1. The State Election Officer/Commissioner of Rural Development and Panchayat Raj, Chennai - 15. 2. The State Election Commissioner, State of Tamilnadu, Office of the Election Commission, Chennai - 106. 3. The Block Development Officer, Valliyoor, Tirunelveli District. 4. The District Collector, Tirunelveli District, Tirunelveli. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR : 40352 Vsg SR : 29.11.2011 : 2p/6c W.P.(MD).No.13053 of 2011 And M.P.(MD).No. 1 of 2011 17.11.2011 https://hcservices.ecourts.gov.in/hcservices/