Madras High Court
G.Kumar vs The Secretary on 14 September, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE R.MAHADEVAN
W.P. No.32092 of 2016
G.Kumar .. Petitioner
-vs-
1.The Secretary,
Governor's Secretariat,
Raj Bhavan, Guindy,
Chennai 600 022.
2.Government of Tamilnadu,
Rep. by the Principal Secretary
to Govt., Dept. of Municipal Administration
and Water Supply, Secretariat,
Chennai 600 009.
3.Commissioner of Municipal Administration,
Ezhilagam, Chepauk, Chennai 600 005.
4.The Secretary to Government,
Rural Development and Panchayat Raj
Dept., Govt. of Tamilnadu,
Secretariat, Fort St. George,
Chennai 600 009.
5.Tamilnadu State Election Commission,
Rep. by Tamilnadu State Election
Commissioner, No.208/2, Jawaharlal
Nehru Road, Opp. to CMBT,
Arumbakkam, Chennai 600 106. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to facilitate the submission of nomination of candidates through online mode for contesting for all the posts of the local bodies, in the official website of Tamil Nadu State Election Commission, to upload the manually submitted nomination and affidavit of all candidates contesting for all the posts of all local bodies, in the official website of the Tamil Nadu State Election Commission, immediately, to take necessary and appropriate steps for compulsory usage of Electronic Voting Machines by the 4th respondent, in the election for all posts of Rural Local Bodies besides Urban Local Bodies in the State of Tamilnadu, in the forthcoming Local Body Election, to install CCTV and monitors both inside and outside the restricted areas of polling booths, counting booths and also ballot boxes security room, to ensure 50% reservation for women candidates for contesting in the elections for all the post of the local bodies.
For Petitioner : Mr.R.Gandhi, Sr. Counsel
for M/s.R.Sudha
For Respondents : Mr.M.K.Subramanian
Govt. Pleader for RR 1 and 4
: Mr.T.N.Rajagopalan
Spl.G.P. For RR 2 and 3
: Mr.B.Nedunchezhian for R-5
* * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned Senior Counsel for the petitioner and learned counsel for the respondents, we are informed by the learned Special Government Pleader that the issue of use of electronic voting machine is already sub-judiced before the Second Bench, which has reserved orders. The other two aspects on which representation has been made on 24.06.2016 relate to submission of nomination papers electronically, uploading the manual nomination papers, monitoring the polling booths with CCTV cameras in respect of the elections to be held to the Tamil Nadu Panchayats, for which, as yet, no date has been fixed. Thus, we call upon the fourth and fifth respondents to take a decision on the same before the elections are announced.
2.The last aspect which the petitioner seeks to raise is about follow-up action to the Tamil Nadu Government Gazette No.56, dated 27.02.2016. Once the Gazette has been issued, the reservation has to be provided as per the same and it is for the concerned authorities to take necessary steps in respect thereof.
3.Writ petition is, accordingly, disposed of. No costs.
(S.K.K., CJ.) (R.M.D., J.) 14.09.2016 Index : Yes/No Website : Yes/No sra To
1.The Secretary, Governor's Secretariat, Raj Bhavan, Guindy, Chennai 600 022.
2.The Principal Secretary to Govt. of Tamilnadu, Dept. of Municipal Administration and Water Supply, Secretariat, Chennai 600 009.
3.The Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005.
4.The Secretary to Government, Rural Development and Panchayat Raj Dept., Govt. of Tamilnadu, Secretariat, Fort St. George, Chennai 600 009.
5.The Commissioner, Tamilnadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. to CMBT, Arumbakkam, Chennai 600 106.
The Hon'ble Chief Justice and R.Mahadevan, J.
(sra) W.P.No.32092 of 2016 14.09.2016