Madras High Court
T.R.Baalu vs The Election Commission Of India on 8 May, 2014
Bench: R.Sudhakar, K.K.Sasidharan
In the High Court of Judicature at Madras
DATED: 8.5.2014
CORAM:
THE HONOURABLE MR. JUSTICE R.SUDHAKAR
AND
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN
W.P.No.12727 of 2014
T.R.Baalu .. Petitioner
Vs.
1. The Election Commission of India
rep. By its Chief Election Commissioner
Nirvachan Sadan, Ashoka Road
New Delhi.
2. The Chief Electoral Officer of Tamilnadu
Secretariat, Chennai 9.
3. The Director General of Police (Elections)
Chennai.
4. The Returning Officer
No.30, Thanjavur Parliamentary Constituency
Thanjavur.
5. The Election Observer
No.30, Thanjavur Parliamentary Constituency
Thanjavur.
6. The Superintendent of Police
Thanjavur. .. Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus to direct the respondents not to entrust any work relating to the counting of votes and declaration of results to any officers, against whom the petitioner has made complaints time and again during the electoral process.
For Petitioner : Mr.Viduthalai,
Senior Counsel
for Mr.I.Parandaman
For Respondents : Mr.G.Rajagopalan,
Senior Counsel
ORDER
(Made by R.SUDHAKAR,J.) This writ petition has been filed for issuance of a mandamus to to direct the respondents not to entrust any work relating to the counting of votes and declaration of results to any officers, against whom the petitioner has made complaints time and again during the electoral process.
2. The names of the officials against whom the petitioner has made complaints are: (i) Mr.Sukumaran, Deputy Superintendent of Police, Vallam; (ii) Mrs.Subbu, Assistant Returning Officer, Mannargudi Assembly Segment; and (iii) Mr.A.Manikandan, Zonal Officer, Zone-20, Thanjavur Parliamentary Constituency.
3. The Election Commission has filed a counter affidavit.
4. Mr.G.Rajagopalan, learned Senior Counsel appearing for the respondents states that (i) Mr.Sukumaran, Deputy Superintendent of Police, Vallam; and (ii) Mr.A.Manikandan, Zonal Officer, Zone-20, Thanjavur Parliamentary Constituency are not engaged for the counting of votes. Insofar as Mrs.Subbu, Assistant Returning Officer, Mannargudi Assembly Segment, is concerned, the learned Senior Counsel submitted that she being the Assistant Returning Officer of Mannargudi Assembly Segment, her presence cannot be dispensed with. He further submitted that Mrs.Subbu, Assistant Returning Officer, Mannargudi Assembly Segment, is one among other officers who will be involved in the process of counting and therefore, the question of bias pleaded by the petitioner cannot be countenanced.
5. The learned Senior Counsel for the respondents further submitted that the said three persons have not been arrayed as parties to this writ petition to enable them to put forth their argument as against the allegations levelled against them.
6. That apart, the learned Senior Counsel appearing for the respondents also states that the petitioner can raise objections if any at the time of counting to the Election Observer and it will be considered. Therefore, there is sufficient safeguard to the petitioner.
Taking note of the said stand taken by the respondents, the mandamus as sought for cannot be granted. The petitioner is at liberty to raise objections, if any, before the Election Observer, if so advised. Accordingly, the writ petition is dismissed. No costs.
(R.S.J.) (K.K.S.J.)
8.5.2014
Index : Yes/No
Internet : Yes/No
sasi
To:
1. The Election Commission of India
rep. By its Chief Election Commissioner
Nirvachan Sadan, Ashoka Road
New Delhi.
2. The Chief Electoral Officer of Tamilnadu
Secretariat, Chennai 9.
3. The Director General of Police (Elections)
Chennai.
4. The Returning Officer
No.30, Thanjavur Parliamentary Constituency
Thanjavur.
5. The Election Observer
No.30, Thanjavur Parliamentary Constituency
Thanjavur.
6. The Superintendent of Police
Thanjavur.
R.SUDHAKAR,J
AND
K.K.SASIDHARAN,J.
(sasi)
W.P.No.12727 of 2014
8.5.2014