Local body election case full order video camara case v Parthiban judge order PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents to count the votes of one Panchayat out of 14 Panchayats at one time for the Ward No.19 of Salem District Panchayat, to declare the results of the said Panchayats and thereafter to start the counting of votes of other Panchayats similarly and consequently direct the respondents to permit a Committee of persons including the petitioner, the candidates for Panchayat Union Ward members, Salem District, the candidates for the Village Panchayat President, the candidates for the Village Panchayat Ward Member, the election agent and the counting agents to be present for the opening of the ballot boxes, the counting of votes and the declaration of results. For Petitioner : Mr.K.Selvaraj For Respondents :Mr.A.R.L.Sundaresan, Sr. Counsel assisted by Mr.B.Neduncheziyan for RR1 Mr.S.R.Rajagopal, AAG assisted by Mr.V.Jayaprakash Narayan, GP and Mr.V.Shanmuga Sundaram, Spl.GP for R2 Mrs.Narmadha Sampath, AAG for Mr.E.Balamurugan for RR3 & 4 COMMON ORDER

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PRAYER: Writ petition filed under Article 226 of the
Constitution of India praying for issuance of Writ of
Mandamus, to direct the respondents to count the votes of
one Panchayat out of 14 Panchayats at one time for the Ward
No.19 of Salem District Panchayat, to declare the results of
the said Panchayats and thereafter to start the counting of
votes of other Panchayats similarly and consequently direct
the respondents to permit a Committee of persons including
the petitioner, the candidates for Panchayat Union Ward
members, Salem District, the candidates for the Village
Panchayat President, the candidates for the Village Panchayat
Ward Member, the election agent and the counting agents to
be present for the opening of the ballot boxes, the counting of
votes and the declaration of results.
For Petitioner : Mr.K.Selvaraj
For Respondents :Mr.A.R.L.Sundaresan, Sr. Counsel
assisted by
Mr.B.Neduncheziyan for RR1
Mr.S.R.Rajagopal, AAG assisted by
Mr.V.Jayaprakash Narayan, GP and
Mr.V.Shanmuga Sundaram, Spl.GP for R2
Mrs.Narmadha Sampath, AAG for
Mr.E.Balamurugan for RR3 & 4
COMMON ORDER
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From the assurances meted out on behalf of the
State Election Commission and other State Officials and also
the fact that several instructions through
proceedings/Circulars have been issued by the State Election
Commission, instructing various officials deployed in the
counting duty would unequivocally demonstrate that the
respondents concerned have taken sufficient measures to
ensure due compliance to the provisions of the Elections
Rules, particularly, Rules 60 to 69 of Part-VI of Tamil Nadu
Panchayats (Election) Rules, 1995. Therefore, as rightly
contended by the learned Senior Counsel appearing for the
Election Commission that a Writ of Mandamus need not be
issued, since the apprehension about non-adherence to the
Election Rules stands answered in the teeth of the recent
measures initiated by the State Election Commission.
In the said circumstances, all these Writ Petitions are
disposed of on being satisfied that the State Election
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Commission has initiated sufficient measures to have a fair
and transparent counting which is scheduled to take place on
02.01.2020. This Court trusts that all the Officials who are
involved in the counting process shall scrupulously follow the
instructions issued through proceedings/Circulars by the
State Election Commission and also the provisions of Part-VI
of Tamil Nadu Panchayats (Election) Rules, 1995. No costs.
Consequently, all connected WMPs are closed.
Suk 30.12.2019
Index: Yes/No
Internet: Yes/No
Note: All the concerned Electoral Officials are
directed to accept the Web copy of this order
Note: Issue Order copy by today itself
To
The S tate Election Commission,
rep. by its Election Commissioner,
Inner Ring Road, Jai Nagar,
Koyambedu,
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