Madras High Court
R.M.Babu Murugavel vs The Chief Election Commissioner on 1 April, 2019
Equivalent citations: AIRONLINE 2019 MAD 1555
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.9486 of 2019
and WMP No.10103 of 2019
R.M.Babu Murugavel .. Petitioner
Vs.
1. The Chief Election Commissioner,
Fort St George, Chennai.
2. Dravida Munnetra Kazhagam,
Represented by its General Secretary,
Anna Arivalayam,
No.367 / 369, Anna Salai,
Teynampet, Chennai - 600 018.
3. M.K.Stalin,
President, Dravida Munnetra Kazhagam .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
issuance of a Writ of mandamus, to direct the 1st respondent to take the
complaint given on 22.03.2019 and dispose of the same as expeditiously as
possible in accordance with law.
For Petitioner : Mr.T.V.Ramanujan, Sr. Counsel
for Mr.D.Venkatesan.
For Respondents : Mr.Niranjan Rajagopal (for R1)
Standing counsel for ECI.
http://www.judis.nic.in
2
ORDER
(Order of this Court was made by S.MANIKUMAR, J.) Mr.R.M.Babu Murugavel, former Member of Legislative Assembly from Arni Constituency, Tiruvannamalai District and a Spokesperson of All India Anna Dravida Munnetra Kazhagam (AIADMK), is stated to have submitted a complaint dated 22.03.2019 to the Chief Electoral Officer, Fort St. George, Chennai, alleging that Dravida Munnetra Kazhagam, represented by its General Secretary Teynampet, Chennai and Mr.M.K.Stalin, President, Dravida Munnetra Kazhagam, respondents 2 and 3, respectively have made, malicious and defamatory speeches against the Hon'ble Chief Minister and therefore, in his petition dated 22.03.2019, requested the Election Commission of India, to take note of the speeches, issue appropriate directions to restrain the respondents 2 and 3 from making such defamatory statements, which according to the petitioner, is violative of the Model Code of Conduct.
2. Contending inter lia that the Chief Election Commissioner, Chennai, 1st respondent has not taken any action on the complaint dated 22.03.2019, writ petition is filed by R.M.Babu Murugavel, as a public interest litigation, for a mandamus directing Chief Election Commissioner, Chennai, 1st respondent to take the complaint dated 22.03.2019 and to dispose the same, as expeditiously as possible.
http://www.judis.nic.in 3
3. Supporting the prayer sought for and inviting the attention of this Court to the notifications issued, Sl.No.15 of the Model Code of Conduct, wherein false statement has been explained, paragraph No.4.3.1 of the same, and also to the "DOs and DON'Ts", for Electioneering to be followed by the political parties and candidates, Mr.T.V.Ramanujan, learned senior counsel for the petitioner submitted that disparaging statements not connected with public activities, are made against the Hon'ble Chief Minister, by respondents 2 and 3 and that therefore when a complaint dated 22.03.2019 is sent, Election Commission of India, which is mandated to conduct a free and fair election, ought to have taken action on the complaint.
4. On the allegations levelled against the Hon'ble Chief Minister, Mr.T.V.Ramanujam, learned Senior counsel for the petitioner referred to para 12 of the supporting affidavit, which is extracted hereunder.
"12. The 3rd respondent in his public meetings held at Trichy, Musiri, and Vellore had alleged that presently AIADMK is a henchmen DMK. He further states in the palatial bungalow where the former Chief Minister used to stay twice a month, an incident had occurred post the death of the former Chief Minister. Five people were murdered including the watchmen. For what reason and why? This information was first reported by the person who was involved, who is none other than the accused in the case, and a paid contract killers. More than two thousand crores and information regarding monetary dealings and purchase http://www.judis.nic.in of properties were all collected by the Former Chief Minister 4 Dr.J.Jayalalitha during her tenure as Chief Minister and kept there. Apprehending that if these information and documents are exposed people at power would face serious problems, contract killers from Kerala, 11 of them were hired, with the help of the Kanakaraj, who is none other than the driver for Chief Minister and Sasikala. When they entered the property it was resisted by the watchmen, who was attached and he dies. As a sequel to hushing the murder of watchmen, four people were murdered. Thereafter Kanakaraj was murdered. On amongst the 11 contract killers, is sayan informed that at the behest of the driver of the former Chief Minister Jayalalitha, that they were asked to commit the crime for a price money or 5 crore. Sayan during the interview with the press had informed that the Chief Minister himself had directed commission of crime. All this has come as news in media. My question is when Sayan made such wild allegations, why the Chief Minister had no guts, capacity, to come open and speak about the incident. Therefore, they decided to eliminate Sayan. Thus when Sayan along with his family members were travelling by car, an accident was staged. In the accident Sayan survived, his wife and daughters died on the spot. The CCTV camera operator Dinesh was also eliminated. The Chief Minister has been accused of the crime. Thus,is it proper on his part to sit at Fort, which question I ask him. Should Modi support the Chief Minister who is a murderer that's my question. Interalia amongst the other allegations this is the crux of the speech."
5. Responding to the prayer sought for, inviting Article 329 (B) of the Constitution http://www.judis.nic.in of India, Mr.Niranjan Rajagopal, learned counsel for the Election 5 Commission of India made his preliminary objections to the maintainability of the writ petition. De-hors the same, he submitted that complaint dated 22.03.2019, sent by the writ petitioner has been acted upon and on the directions of the Chief Electoral Officer & Secretary to the Government, vide letter No.5115/Ele.VIII/2019-1 dated 26.03.2019, District Election Officer / District Collector, Thiruvarur and Thiruchirappalli District, has been directed to send the action taken report to the office of the Chief Electoral Officer. Pursuant to the same, vide proceedings in RC No.A4/0183/2019/Election dated 29.03.2019, notice has been sent to Mr.Saptharishi, Vadakku Mavatta Thee.Moo.Kaa Mavatta Thunnai Amaippalar, Mettupattu, Musiri, calling for an explanation. Subsequently, the District Election Officer and District Collector, Thiruchirapalli, vide proceedings in R.C.G2/14985/2018 dated 31.03.2019, has addressed a letter to the Chief Electoral Officer and Secretary to the Government, Chennai stating that he would send a report, after receiving a detailed report from the concerned Assistant Returning officer. Thus, Mr.Niranjan Rajagopal, learned counsel for the Election Commission of India submitted that the complaint dated 22.03.2019, has been acted upon. He therefore submitted that no directions need be issued.
6. Mr.Niranjan Rajagopal, learned counsel for Election Commission of India submitted that pendency of the Civil Suit in C.S.No.82 of 2018 and the proceedings initiated for defamation under Section 499 IPC would not deter the http://www.judis.nic.in 6 Election Commission of India to take action on the petitioner.
7. Heard the learned counsel for the parties and perused the materials available on record.
8. An affidavit sworn on affirmation in a writ petition, moreso, in a public interest writ petition, has to be supported with material documents, to satisfy the requirements of public interest writ petition. In the foregoing judgment, allegations stated to have been made against the Hon'ble Chief Minister, are extracted. Though, Petitioner has referred to a civil suit in C.S.No.82 of 2019 and an interim order passed therein, restraining the defendants / respondents therein from making any defamatory statement against the Hon'ble Chief Minister, he has not enclosed either the copy of the plaint or the interim order passed therein.
9. Reference has been made to Serial No.15, which defines 'False Statement' and the same reads as under.
"False statement is publication by a candidate or his agent or any other person with consent of the candidate or his election agent, of any statement of fact which is false or not true, in relation to personal character or conduct of any candidate calculated to prejudice the prospects of that candidate’s election."
http://www.judis.nic.in 10. Admittedly, the Hon'ble Chief Minister, is not a candidate contesting 7 in either Parliamentary or Assembly election. Serial No.15 is not attracted in this case.
11. Clause 4.3.1 of the Model Code of Conduct, reads as under:
"Model Code provides that political parties and candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders and workers of other parties. It also provides that no party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic, and there shall be no appeal to caste or communal feelings for securing votes."
12. Whether criticisms or the allegations, as the case may be, referred to in paragraph no.12 of the supporting affidavit, whether would fall within the ambit of private life, not connected with the public activities of the leaders and workers of other parties or not. On the aboveclause referred to by the learned senior counsel for the petitioner, at this juncture, we may only observe that whether the allegations would fall under Clause 4.3.1, is questionable. Expression is clear and circumscribed to, "private life, not connected with public activities of the leaders and workers of other parties" and at this juncture, there is no need to elaborate, in the light of action being taken on the petition dated 22.03.2019, by the Election Commission of India.
13. The only aspect, if at all to be considered by the Election Commission of India, is whether the allegation would fall within Clause 4.4.2 (B)(v) i.e., no http://www.judis.nic.in 8 criticism of other parties or their workers on basis of unverified allegations or on distortions. Whether the allegations noted would fall under DO's and DON'Ts, in particular, Clause 4.4.2 (B)(v), stated supra, is in the discretion of the Election Commission of India.
14. Allegations contained in paragraph No.12 would not fall within the ambit of 4(3)(i) which states that no party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic, and there shall be no appeal to caste or communal feelings for securing vote.
15. Now let us consider the steps taken by the Chief Election Commission, Chennai, on the petition dated 22.03.2019
(i) Proceedings of the Chief Electoral Officer & Secretary to Government, vide letter No.5115/Ele.VIII/2019-1 dated 26.03.2019 to District Election Officer / District Collector, Thiruvarur and Thiruchirappalli District (w.e), is extracted hereunder:
"Sir, Sub: ELECTIONS - General Elections to Lok Sabha, 2019 -
Appropriate diections to restrain parties / candidates from making such defamatory statements - Complaint - Forwarded - Reg.
Ref: Petition received from Thiru.R.M.Babu Murugavel, All India Anna Dravida Munnetra Kazhagam, Royapettah, Chennai - 14, Dated 22.3.2019 ****** http://www.judis.nic.in I am directed to enclose herewith the petition (copy 9 enclosed) received from Thiru.R.M.Babu Murugavel, All India Anna Dravida Munnetra Kazhagam, Royapettah, Chennai, where in it has been mentioned that the defamatory speeches given by Thiru.M.K.Stalin, Leader of Opposition and President of DMK Party at Thiruvarur and Musiri Public meetings have been made on the basis of unverified allegation or on distortion, which is a clear cut violation of the Model Code of Conduct as per (B)(v) of the Do's and Don'ts for political parties / candidates among other things, for taking appropriate action.
2. I am also directed to request you to send the action taken report to this office immediately."
(ii) Pursuant to the proceedings of the Chief Electoral Officer, Chnnai, a notice has been sent by the Assistant Returning Officer, 25, Perambalur Parliamentary Constituency and Revenue Divisional Officer, Musiri, to Mr.Saptharishi, Vadakku Mavatta Thee.Moo.Kaa Mavatta Thunnai Amaippalar, Mettupattu, Musiri, calling for explanation in RC No.A4/0183/2019/Election dated 29.03.2019, and the same is extracted hereunder.
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(iii) Thereafter, District Election Officer and District Collector,
Thiruchirapalli, by proceedings in R.C.G2/14985/2018 dated 31.03.2019, has addressed a letter to the Chief Electoral Officer and Secretary to the Government, Chennai and the same reads thus.
Sir, Sub: Elections - General Election to Lok Sabha, 2019 -
Model Code of Conduct - Tiruchirappalli District - Musiri Taluk - Complaints on Defamatory speech of DMK president Thiru.M.K.Stalin - Report called for
- Sent - Regarding.
Ref: 1. Government letter No.5115/Ele.VIII/2019-I http://www.judis.nic.in Public (Election-VIII) Department dated 26.3.2019. 11
2. This Officer letter to the Assistant Returning Officer, 25, Perambalur Parliamentary Constituency and Revenue Divisional Officer, Musiri, Dated 27.03.2019.
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I invite kind attention to the reference cited, In the reference cited the Government have instructed to send the report on defamatory speeches given by Thiru.M.K.Stalin, Leader of Opposition and President of DMK Party at Musiri Public meetings held on 21.03.2019 have been made on the basis of unverified allegation or on distortion, which is a clear cut violation of the Model Code Conduct as per (B)(v) of the Do's and Don'ts for political parties / candidates among other things, for taking appropriate action.
In this regard, the Assistant Returning Officer, 145 Musiri Assembly Constituency Segment and Revenue Divisional Officer, Musiri, has been instructed to send the report after duly perusing the speeches containing CD, as per the enforcement of Model Code of Conduct.
Hence, I wish to state that, I will send the report after receiving the detailed report from the concerned ARO. I enclose therewith the 21.03.2019 meeting CD with this letter for ready reference."
16. From the above, we find that Election Commission of India, has taken action on the petition dated 22.03.2019. Therefore, in the light of the above discussion, writ petition has become infructuous and that the same is dismissed. No costs. Consequently, the connected Writ Miscellaneous Petition http://www.judis.nic.in 12 is closed.
[S.M.K., J.] [S.P., J.] 01.04.2019 Index: Yes Internet: Yes ars/dm To The Chief Election Commissioner, Fort St George, Chennai.
http://www.judis.nic.in 13 S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
ars/dm W.P.No.9486 of 2019 and WMP No.10103 of 2019 01.04.2019 http://www.judis.nic.in