Madras High Court
P.Sampath vs The Chief Electoral Officer on 8 April, 2022
Author: M.N.Bhandari
Bench: Munishwar Nath Bhandari, D.Bharatha Chakravarthy
W.P.Nos.5598,5602, 6182
& 5603 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.Nos.5598, 5602, 6182
& 5603 of 2022
WP.No.5598 of 2022:
1. P.Sampath
2. T.Sundaram
3. Parameshwari
4. Panjali
5. Suresh
6. Kavitha
7. Vanitha
8. Sangeetha .. Petitioners
Vs.
1. The Chief Electoral Officer
Public (Elections) Department
Secretariat, Fort St. George
Chennai – 600 009.
2. The State Election Commissioner
Tamil Nadu State election Commission
No.208/2, Jawaharlal Nehru Road, Opp. CMBT
Arumbakkam, Chennai – 600 106.
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W.P.Nos.5598,5602, 6182
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3. The District Collector
Fort main Road
Salem – 636 001.
4. Ramu
5. The Superintendent of Police
Sankari Main Road
Nethimedu, Salem – 636 002.
6. Muthusamy
7. Uma Shankar .. Respondents
WP.No.5602 of 2022:
1. K.Devi
2. M.Madhesh
3. C.Mannikam
4. P.Deivanai
5. S.Parameshwari
6. P.Shanmuga Priya
7. N.Sethupathi
8. M.Gowthaman .. Petitioners
Vs.
1. The Chief Electoral Officer
Public (Elections) Department
Secretariat, Fort St. George
Chennai – 600 009.
2. The State Election Commissioner
Tamil Nadu State election Commission
No.208/2, Jawaharlal Nehru Road, Opp. CMBT
Arumbakkam, Chennai – 600 106.
3. The District Collector
Fort main Road
Salem – 636 001.
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W.P.Nos.5598,5602, 6182
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4. Mohanakrishnan
5. The Superintendent of Police
Sankari Main Road
Nethimedu, Salem – 636 002.
6. Sangeetha
7. Murali .. Respondents
WP.No.6182 of 2022:
V.Rangaraj .. Petitioner
Vs.
1. Tamil Nadu State Election Commission
Rep. by its Secretary
Kamadhenu Supermarket Building
273, Scheme Rd, Subbarayan Nagar
Teynampet, Chennai – 600 018.
2. District Collector
Coimbatore District 641 018.
3. District Election Officer
District Election Office
1st Floor, District Collectorate Building
Coimbatore 641 018.
4. District Superintendent of Police
Office of the District Superintendent of Police
State Bank Road, Coimbatore District 641 018.
5. Returning Officer/Executive Officer
Annur Town Panchayat, Annur,
Coimbatore District.
6. Inspector of Police
Annur Police Station, Annur
Coimbatore District
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W.P.Nos.5598,5602, 6182
& 5603 of 2022
7. K.C.Vijaykumar
8. R.Parameswaran .. Respondents
WP.No.5603 of 2022:
1. S.Jyothi
2. Y.Tamil selvi
3. P.Shunmugasundaram
4. K.Latha
5. P.Sivasakthi
6. G.Saradha
7. S.Gnanasekaran
8. P.Govindarajan .. Petitioners
Vs.
1. The Chief Electoral Officer
Public (Elections) Department
Secretariat, Fort St. George
Chennai – 600 009.
2. The State Election Commissioner
Tamil Nadu State election Commission
No.208/2, Jawaharlal Nehru Road, Opp. CMBT
Arumbakkam, Chennai – 600 106.
3. The District Collector
Fort main Road
Salem – 636 001.
4. Shahataj Begum
5. The Superintendent of Police
Sankari Main Road
Nethimedu, Salem – 636 002.
6. Sangeetha
7. Murali .. Respondents
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W.P.Nos.5598,5602, 6182
& 5603 of 2022
Prayer [WP.No.5598 of 2022]: Petition filed under Article 226 of the
Constitution of India praying for a writ of Mandamus directing the 1st
and 2nd respondent to take appropriate disciplinary action against the
4th, 6th and 7th respondents and appoint an appropriate
Election/Returning Officer not less than the rank of the Sub-collector to
monitor the Indirect elections for the post of Town Panchayat President
ad Vice President, Belur Town Panchayat and conduct the said election
on such date as fixed along with appropriate police protection and
CCTV surveillance inside and outside the Election premises in the
manner as prescribed by the court and consequently direct the 5 th and
6th respondents to provide adequate police protection to the
petitioners.
Prayer [WP.No.5602 of 2022]: Petition filed under Article 226 of the
Constitution of India praying for a writ of Mandamus directing the 1st
and 2nd respondent to take appropriate disciplinary action against the
4th, 6th and 7th respondents and appoint an appropriate
Election/Returning Officer not less than the rank of the Sub-collector to
monitor the Indirect elections for the post of Town Panchayat President
ad Vice President, Nangavalli Town Panchayat and conduct the said
election on such date as fixed along with appropriate police protection
and CCTV surveillance inside and outside the Election premises in the
manner as prescribed by the court and consequently direct the 5 th and
6th respondents to provide adequate police protection to the
petitioners.
Prayer [WP.No.6182 of 2022]: Petition filed under Article 226 of the
Constitution of India praying for a writ of Mandamus directing the 1 st to
6th respondents to consider the representation of the petitioner dated
10.03.2022 to conduct the re-election on 26.03.2022 for the post of
Chairman of the Wards committee, Annur Town Panchayat,
Coimbatore District with sufficient police protection, full CCTV
coverage, webcast and telecast from casting vote will the declaration
of the result and further take appropriate action under Law against the
7th respondent.
Prayer [WP.No.5603 of 2022]: Petition filed under Article 226 of the
Constitution of India praying for a writ of Mandamus directing the 1st
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W.P.Nos.5598,5602, 6182
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and 2nd respondent to take appropriate disciplinary action against the
4th, 6th and 7th respondents and appoint an appropriate
Election/Returning Officer not less than the rank of the Sub-collector to
monitor the Indirect elections for the post of Town Panchayat President
ad Vice President, Vanavasi Town Panchayat and conduct the said
election on such date as fixed along with appropriate police protection
and CCTV surveillance inside and outside the Election premises in the
manner as prescribed by the court and consequently direct the 5 th and
6th respondents to provide adequate police protection to the
petitioners.
For the Petitioners : Mr.Vijay Narayan
Senior counsel
For Mr.Kaviyanathan
In WP.Nos.5598, 5602 and
5603 of 2022
Mr.T.R.Rajagopalan
Senior counsel
For Mr.M.Marudhachalam
In WP.No.6182 of 2022
For the Respondents : Mr.R.Shunmugasundaram
Advocate General
Asstd. by Mr.A.Gopinath
Govt. Advocate (Crl. Side)
For respondent 5 in all WPs
Mr.Hasan Mohamed Jinnah
State Public Prosecutor
Asstd. by Mr.A.Gopinath
Govt. Advocate (Crl. Side)
For respondents 6 & 7 in all
WPs
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W.P.Nos.5598,5602, 6182
& 5603 of 2022
Mr.S.Sivashanmugam
Standing counsel
For Respondent 1 in
WP.No.6182 of 2022
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioners state that during the pendency of the writ petitions, the elections have been conducted.
2. In view of the above, the writ petitions are rendered infructuous because during the pendency of the writ petition, the elections were conducted under the surveillance of the police officers and in the manner required. However, if the petitioners remain aggrieved by the results of the elections, they are at liberty to file an election petition to challenge it.
3. The writ petitions are disposed of. There will be no order as ___________ Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.5598,5602, 6182 & 5603 of 2022 to costs. Consequently, WMP Nos. 5692, 6253, 6254, 5691 and 5687 of 2022 are also closed.
(M.N.B., CJ.) (D.B.C., J.) 08.04.2022 Index : Yes/No kpl/drm To:
1. The Chief Electoral Officer Public (Elections) Department Secretariat, Fort St. George Chennai – 600 009.
2. The State Election Commissioner Tamil Nadu State election Commission No.208/2, Jawaharlal Nehru Road, Opp. CMBT Arumbakkam, Chennai – 600 106.
3. The District Collector Fort main Road Salem – 636 001.
4. The Superintendent of Police Sankari Main Road Nethimedu, Salem – 636 002.
5. The Secretary Tamil Nadu State Election Commission Kamadhenu Supermarket Building 273, Scheme Rd, Subbarayan Nagar Teynampet, Chennai – 600 018.
___________ Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.5598,5602, 6182 & 5603 of 2022
6. District Collector Coimbatore District 641 018.
7. District Election Officer District Election Office 1st Floor, District Collectorate Building Coimbatore 641 018.
8. District Superintendent of Police Office of the District Superintendent of Police State Bank Road, Coimbatore District 641 018.
9. Returning Officer/Executive Officer Annur Town Panchayat, Annur, Coimbatore District.
10. Inspector of Police Annur Police Station, Annur Coimbatore District ___________ Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.5598,5602, 6182 & 5603 of 2022 M.N.BHANDARI, CJ AND D.BHARATHA CHAKRAVARTHY,J.
(kpl/drm) W.P.Nos.5598, 5602, 6182 & 5603 of 2022 08.04.2022 ___________ Page 10 of 10 https://www.mhc.tn.gov.in/judis