K. THANGARAJ Vs. TAMIL NADU STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a writ of declaration to declare the entire process of counting of votes in the election conducted and the Form-25 certificate, dated 02.01.2020, issued by the third respondent declaring the fourth respondent as the President of Nallamaram Village Panchayat, T.Kallupatti Panchayat Union, Madurai District, as null and void and unconstitutional and to direct the respondents 1 to 3 to conduct fresh recounting of votes polled in the election for the said post.

(2.) The petitioner has got alternative remedy by way of election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994. Instead of filing election petition, the petitioner has approached this Court by filing a writ petition under Article 226 of the Constitution of India. That apart, the issues involved in the present writ petition are the matter of evidence, which cannot be decided in a writ jurisdiction. In these circumstances, we are not inclined to entertain the writ petition.

(3.) Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.