Madras High Court
K.K.Ramesh vs The Government Of India on 6 June, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.06.2016 CORAM The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.(MD) No.9814 of 2016 and WMP (MD) Nos.7755 to 7757 of 2016 K.K.Ramesh, Managing Trustee, Tamil Nadu Centre for Public Interest Litigation, No.26A, Old Mahalipatti Road, Madurai 625 001. .. Petitioner in Person -vs- 1.The Government of India, rep. by its Secretary to President, Rashtrapati Bhavan, New Delhi-110 004. 2.The Government of Tamil Nadu, rep. by its Secretary to Governor, Raj Bhavan, Chennai-600 022. 3.The Government of India, rep. by its Home Secretary, Ministry of Home Affairs, North Block, New Delhi. 4.The Government of India, rep. by its Secretary, Ministry of Law and Justice, Shastri Bhawan, New Delhi-110 115. 5.The Hon'ble Chairman, Law Commission of India, Government of India, Hindustan Times House, K.G. Marg, New Delhi-110 001. 6.The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110 001. 7.The Chief Election Officer (CEO), Tamilnadu, Fort St. George, Secretariat, Chennai-600 099. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the 5th respondent to consider the issue of prevention of the practice of cash for vote in Electoral Reforms and Suggest comprehensive measures for changes in the law and submit a report to respondents 3 and 4 and on the basis of the report the above respondents 3 and 4 should take appropriate action within a stipulated time limit as fixed by this Court by considering the representation dated 20.05.2016. For Petitioner : Mr.K.K.Ramesh Party-in-person For Respondents : Mr.Su.Srinivasan Addl. Advocate General for R3, 4 & 5 Mr.Niranjan Rajagopal for M/s.G.R.Associates for R6 & 7 * * * * * ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks to make a grievance about the manner of conduct of the elections in Tamil Nadu in so far as the role of money power is concerned. It is his say that despite the Election Commission of India establishing Flying Squads and taking other measures, money power has not been eliminated and now he seeks a declaration that the General Elections held in 232 constituencies should be declared as not valid and a writ of mandamus is prayed for to consider the representation of the petitioner suggesting a comprehensive measures for the ill.
2. The learned counsel for the Election Commission of India submits that various measures have been taken and it is a on going process. Not only that, in another proceedings before this Court a couple of days ago, the Election Commission of India has also given an assurance that they are making suggestion for change in law for debarring the candidates for future elections, if found necessary, on examination of the facts.
3. We are of the view that the only direction which can be issued in this matter is for the Election Commission of India to examine this issue raised by the petitioner, especially in view of the fact that as per the own case of the petitioner, the issue is receiving the attention of the Hon'ble Supreme Court in W.P.(Civil) No.536 of 2011 (Public Interest Foundation and others v. Union of India and another). If the petitioner deems it appropriate, it is for him to move and join those proceedings on the prayer being so made.
4. The writ petition is closed with the aforesaid directions. No costs. Consequently, all connected miscellaneous petitions are also closed.
(S.K.K., CJ.) (R.M.D., J.) 06.06.2016 Index : Yes/No Internet : Yes/No bbr To
1.The Secretary to President, Government of India, Rashtrapati Bhavan, New Delhi-110 004.
2.The Secretary to Governor, Government of Tamil Nadu, Raj Bhavan, Chennai-600 022.
3.The Home Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi.
4.The Secretary, Government of India, Ministry of Law and Justice, Shastri Bhawan, New Delhi-110 115.
5.The Hon'ble Chairman, Law Commission of India, Government of India, Hindustan Times House, K.G. Marg, New Delhi-110 001.
6.The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110 001.
7.The Chief Election Officer (CEO), Tamilnadu, Fort St. George, Secretariat, Chennai-600 099.
The Hon'ble Chief Justice and R.Mahadevan, J.
bbr W.P.(MD) No.9814 of 2016 06.06.2016