Madras High Court
M.Ganesan vs The Chief Election Commissioner on 11 February, 2016
Bench: S.Manikumar, C.T. Selvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2016 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HON'BLE MR.JUSTICE C.T. SELVAM W.P.(MD)No.3020 of 2016 M.Ganesan ... Petitioner Vs. 1.The Chief Election Commissioner, Office of the Election Commission of India New Delhi ? 110 001. 2.The Secretary, Office of the Prime Minister, South Block, New Delhi 110 011. 3.The Chairman, Parliamentary Standing Committee For Law and Justice, New Delhi 110 001. 4.The Joint Secretary (Legal Affairs), Ministry of Law and Justice, Legislative Department, 4th Floor, Shastri Bhavan Dr.Rajendra Prasad Marg, New Delhi 110 001. 5.The Chairman of Law Commission, Office of the Law Commission, New Delhi 110 001. ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to consider the petition submitted on 20.01.2016 in accordance with law. !For Petitioner : Mr.M.Ganesan (Party-in-person) For Respondent-1 : Mr.K.K.Senthil ASGI For Respondents : Mr.R.Murugappan (R2 to R5) :ORDER
(Order of this Court was made by S.MANIKUMAR, J.) A practicing Advocate, claiming himself to be a probono litigant, has sought for a Writ of Mandamus, directing the respondents, to consider the petition submitted by the petitioner on 20.01.2016, in accordance with law.
2. In the supporting affidavit, the petitioner has referred to certain Committees' report viz., Goswami Committee on Election Reforms (1990); the Indragit Gupta Committee on State funding of Election (1998) and the Law Commission Report on Reform of Electoral Laws (1999). The petitioner has also contended that the Election Commission of India be directed to take control of all the Machineries of Government, Government Vehicles, Police Forces, local administration and officials in connection with carrying out the Election Process fairly and freely.
3. During the course of hearing Mr.M.Ganesan, Party-in-person submitted that Office of the Prime Minister has sent a reply dated 22.01.2016, which reads as follows:-
Prime Minister's Office New Delhi- 110011 Sub :Petition of SHRI M GANESAN AF-01 VAJRA APARTMENT BY PASS ROAD PONMENI MADURAI TAMILNADU A letter/gist of oral representation dated 20/01/2016 received in this office from SHRI M GANESAN is forwarded herewith for action as appropriate. Reply may be sent to the Petitioner and a copy of the same may be uploaded on the portal.
[Alok Suman] Section Officer ELECTION COMMISSION PMO ID No.:PM0PG/D/2016/0018324 Dated: 22/01/2016 Copy for information to :
SHRI M GANESAN AF-01 VAJRA APARTMENT BY PASS ROAD PONMENI MADURAI TAMILNADU
4. Government of India, Ministry of Law & Justice, Law Commission of India, has sent a reply dated 04.02.2016. The letter dated 04.02.2016 is also extracted hereunder:-
F. No. 41(2)/2014-2015Mise-LC(L5) Part-II GF.No.41(2)/2014-2015Misc-LC(LS) Part-II Government of India Ministry of Law & Justice Law Commission of India Floor, Hindustan Times House, K.G. Marg, New Delhi-110 001.
Dated: 04.02.16 To, Shri N4. Ganesan, AF-01, Vajara Apartments, By pass Road,Ponmeni.
Madurai-625010, Tamil Nadu Subject: Representation Dtd.20/01/2016 wherein recommendation for amendments in the election process. Sir.
The undersigned is directed to refer your above mentioned representation addressed to the Hon'ble Chairman. Law Commission of India pertaining to suggestions for amendment/improvement in the election process and to state that the Law Commission of India while examining the matter pertaining to electoral reforms has already taken into consideration such/similar issues.
In this regard it is further stated that The Law Commission of India has made its recommendations in its Report No 170 titled -Reform of the Electoral Laws and Report No. 244 titled ?Electoral Disqualifications? The said reports are available on the website of the law Commission- http:// lawcommissionofindia.nic.in. and could be downloaded freely. You may like to refer the said reports.
Yours sincerely, (Varsha Chandra) Additional Law Officer
5. Article 324 of the Constitution of India reads as follows:-
324.Superintendence, direction and control of elections to be vested in an Election Commission.- (1)The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.
(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election, and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause ( 1 ).
(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:
Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
(6) The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).?
6. Respondent Nos. 2 and 4 have already sent their reply to the petitioner. Prayer sought for in the supporting affidavit that the Election Commission of India to take over the control of all the Machineries of Government, Government Vehicles, Police forces, local administration and officials in connection with carrying out the Election Process fairly and freely cannot be countenanced. The words, ?Superintendence?, ?Direction? and ?Control?, occurring in Article 324 of the Constitution of India, are of wide amplitude. Thus, the words empower the Election Commission to exercise all powers, necessary for smooth and effective conduct of election. The Election Commission is primarily an administrative body, but it also exercises some adjudicatory functions. Powers conferred on the Election Commission to frame regulation, issue directions, in the matter of conducting the elections, is not extended, to mean that the parliament has intended to take overall control of all the machineries of the Government vehicles etc., as prayed for, in these writ petitions. The word, ?control?, ?conduct of election?, ?superintendence?, are the broadest terms, which would include the power to make all the provisions, which are necessary for smooth conduct of elections, subject to any law, made by the Parliament, under Articles 327 and 328 of the Constitution of India.
7. Inasmuch as the respondents have already taken action on the petitioner's petition dated 20.01.2016, this Court is not inclined to issue any Mandamus, as prayed for. Accordingly, the Writ Petition is dismissed. No costs.
To
1.The Chief Election Commissioner, Office of the Election Commission of India New Delhi ? 110 001.
2.The Secretary, Office of the Prime Minister, South Block, New Delhi 110 011.
3.The Chairman, Parliamentary Standing Committee For Law and Justice, New Delhi 110 001.
4.The Joint Secretary (Legal Affairs), Ministry of Law and Justice, Legislative Department, 4th Floor, Shastri Bhavan Dr.Rajendra Prasad Marg, New Delhi 110 001.
5.The Chairman of Law Commission, Office of the Law Commission.