Madras High Court
Tranquebar Dorai Vasu vs The Chief Election Commissioner on 5 July, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.07.2016 CORAM : The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.17656 of 2016 Tranquebar Dorai Vasu .. Petitioner -vs- 1.The Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi 110 001. 2.The Electoral Officer, Tamil Nadu, Public (Elections) Dept., Fort St. George, Chennai 600 009. .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to frame Rules regarding the NOTA votes getting majority and regarding the casting of the votes by bed ridden people as contained in the representation of the petitioner dated 16.04.2016. For Petitioner : Mr.Tranquebar Dorai Vasu Party-in-person For Respondents : Mr.Niranjan Rajagopal for M/s.G.R. Associates * * * * * O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The objective of filing the present petition as set forth by the petitioner and apparent from the order dated 11.05.2016 is to give a meaning to the votes being cast against ''NOTA''. It is the submission of the petitioner appearing in person that this is an indication that a majority of the electorates do not find any candidate satisfactory for purposes of election and in such a situation, the election should be held again.
2.Learned counsel appearing for the respondents states that such a power of countermanding the election in case of majority NOTA votes is not within the ambit of the respondents, but the respondents would examine the issue and if they agree with the suggestion of the petitioner, recommendation would be made to the Government / the Law Commission. On our query, he states that he may be granted three (3) months time for a decision to be taken in this behalf. The decision be accordingly communicated to the petitioner.
3.Writ petition, accordingly, stands disposed of. No costs.
(S.K.K., CJ.) (R.M.D., J.) 05.07.2016 Index : Yes/No Website : Yes/No sra To
1.The Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi 110 001.
2.The Electoral Officer, Tamil Nadu, Public (Elections) Dept., Fort St. George, Chennai 600 009.
The Hon'ble Chief Justice and R.Mahadevan, J.
(sra) W.P.No.17656 of 2016 05.07.2016