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Judgment
P. Sathasivam, J.—The above writ appeal is directed against the order of the learned single Judge dated 05.10.2006, in and by which the
learned Judge refused to interfere with the order of the Returning Officer, Panchayat Union, Ward No. 18, Avinasi Taluk, Coimbatore District and
dismissed the writ petition at the admission stage.
Mr. K. Chandrasekaran, learned Counsel appearing for the appellant, by drawing our attention to Section 259-1(c) of the Tamil Nadu
Panchayats Act, 1994 submitted that the remedy provided therein is only a post Election remedy and that cannot cure the defect committed by the
Returning Officer. He also contended that the appellant/petitioner is not seeking stay of Election process in any way.
On going through the relevant provisions and the order of the learned single Judge, we are unable to accept the said contention. It is not in
dispute that Sections 258 and 259 of the said Act provided the remedy to the unsuccessful/affected persons by filing an Election Petition before the
appropriate forum. It is also not in dispute that once the Election process is started by way of notification by the Election Commission, the same
cannot be stalled by way of a petition even before this Court. No doubt, though certain exceptions are there, on going through the grievance
expressed by the appellant/petitioner and the reasoning of the learned single Judge, we are of the view that the case on hand is not an exceptional
case warranting interference by this Court, exercising extraordinary jurisdiction under Article 226 of the Constitution of India. On the other hand,
we are in entire agreement with the view expressed by the learned single Judge since the appellant has the remedy to vindicate his grievance even
after the Election. Accordingly, we do not find any ground for entertaining the above appeal and the same is dismissed. No costs. Consequently,
connected miscellaneous petitions are closed.