Madras High Court
Ilanthamilan @ Sonaipandi vs The Chief Election Commissioner on 17 June, 2019
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.(MD).No.10224 of 2019 & WP.No.14100 of 2019
and WMP No.14159 of 2019 in WP.No.14100 of 2019
WP No.(MD).10224 of 2019
Ilanthamilan @ Sonaipandi .. Petitioner
Vs.
1. The Chief election Commissioner,
Election Commission of India,
Nirvanchan Sada,
Ashoka Road,
New Delhi.
2. The Chief Election Commissioner,
Tamil Nadu State Election Commission,
Jawaharlal Nehru Salai,
Jainagar, Koyambedu,
Chennai.
3. The Chief Secretary to the Government of Tamil Nadu,
St.George Fort,
Chennai - 600 009.
4. The Returning Officer cum District Collector,
Kanyakumari Parliamentary Constituency,
Kanyakumari District,
Tamil Nadu. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
issuance of a Writ of Mandamus, directing the respondents to file a status
report on the deletion of nearly 45000 voters from the voters list of coastal
villages viz., Thoothur, Chhinnathurai, Kadiyapattinam, Rajakkamangalam,
Thuraimanavalakurichi, Mulloorthurai, Idalakudi with regard to Kanyakumari
http://www.judis.nic.in
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Parliamentary Election held on 18.04.2019 and to hold reelection in the
respective Polling stations where the mass deletion of voters has take place by
including all the voters.
WP No.14100 of 2019
A.Rajkumar .. Petitioner
Vs.
1. The Chief Election Commissioner,
Election Commission of India,
Nirvanchan Sadan, Ashoka Road,
New Delhi.
2. The Chief Election Commissioner,
Tamil Nadu State Election Commission,
Jawaharlal Nehru Salai, Jainagar,
Koyambedu,
Chennai.
3. The Chief Secretary to the Government of Tamil Nadu,
St.George Fort, Chennai - 600 009.
4. The Returning Officer cum District Collector,
Kanyakumari Parliamentary Constituency,
Kanyakumari District,
Tamil Nadu. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
issuance of a Writ of Mandamus, directing the respondents to file a status
report on the deletion of nearly 45000 voters into account the voters list of
2016 Assembly Election and 2019 Parliamentary Election with regard to
Kanyakumari, Nagercoil, Colachel, Vilavancode and Killiyur constituencies of
Kanyakumari District with regard to Kanyakumari Parliamentary Election held
on 18.04.2019 and to hold reelection in the respective Polling stations where
the mass deletion of voters has take place by including all the voters.
For Petitioner : M/s.N.Sivarajani
in both WPs. for M/s.A.Rajani
For Respondents : Mr.Niranjan Rajagopalan
in both WPs. Standing counsel for ECI
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COMMON ORDER
(Order of this Court was made by S.ManiKumar, J.) Representing the learned counsel on record, Ms.N.Sivarajani, learned counsel for the petitioner submitted that, election for Kanyakumari Parliamentary Constituency Election, is now over. Results are published and that therefore, instant writ petitions have became infructuous. However, having regard to the deletion of huge number of voters from the electoral roll, she submitted that a direction be issued to the respondents to rectify the same, and further directions be issued to the respondents to induct 45,000 voters in the electoral rolls.
2. Per contra, based on the averments made in the counter affidavit and inviting the attention of this Court to clause 24 of the Representation of the Peoples Act,1950, Mr.Niranjan Rajagopalan, learned counsel for the Election Commission of India, submitted that an appeal remedy is available to those, whose names have been omitted from the electoral roll.
3. Heard the counsel for the parties and perused the materials available on record.
4. Though, we are not inclined to accept the suggestion of either counsel to the lis, but deem it fit to direct the aggrieved individual persons to approach http://www.judis.nic.in 4 the Assistant Electoral Registration Officer or the Electoral Registration Officer, within the Collectorate, for restoration of their right to exercise their franchise by submitting the required documents, under the Representation of the Peoples Act,1950.
5. With the above directions, writ petitions are disposed of. No Costs.
Consequently, connected miscellaneous petitions is closed.
[S.M.K., J.] [S.P., J.] 17.06.2019 Index: Yes/No. Internet: Yes ars/pkn http://www.judis.nic.in 5 To
1. The Chief election Commissioner, Election Commission of India, Nirvanchan Sada, Ashoka Road, New Delhi.
2. The Chief Election Commissioner, Tamil Nadu State Election Commission, Jawaharlal Nehru Salai, Jainagar, Koyambedu, Chennai.
3. The Chief Secretary to the Government of Tamil Nadu, St.George Fort, Chennai - 600 009.
4. The Returning Officer cum District Collector, Kanyakumari Parliamentary Constituency, Kanyakumari District, Tamil Nadu.
http://www.judis.nic.in 6 S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
ars W.P.(MD).No.10224 of 2019 & WP.No.14100 of 2019 and WMP No.14159 of 2019 in WP.No.14100 of 2019 17.06.2019 http://www.judis.nic.in