THIRUMOORTHY Vs. TAMI NADU STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a Writ of Mandamus to direct the respondents 1 to 3 to conduct the recounting for the election conducted on 30.12.2019 for the post of President of Aathikulam Village Panchayat which comes under Mudhukulathur Panchayat Union in Ramanathapuram District, in the light of the petitioner's representations dated 03.01.2020 and 06.01.2020.

(2.) The petitioner has filed the writ petition without exhausting alternative remedy by way of an election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994. When the petitioner has got alternative remedy, he should exhaust the same. Further the issue involved in the present writ petition is a matter for evidence and therefore, the proper Forum to grant relief to the petitioner is only the District Court under Section 258 of the Tamil Nadu Panchayats Act, 1994.

(3.) In such view of the matter, we are not inclined to entertain the writ petition.