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Madras High Court

B.Ramkumar Adityan vs The Secretary on 12 March, 2021

Author: Senthilkumar Ramamoorthy

Bench: Sanjib Banerjee, Senthilkumar Ramamoorthy

                                                                        W.P.No.6405 of 2021



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 12.03.2021

                                                     CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                        AND
                               THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                                W.P.No.6405 of 2021

                     B.Ramkumar Adityan                                 .. Petitioner

                                                        -vs-

                     1     The Secretary
                           Department of Legal Affairs
                           Ministry of Law and Justice
                           4th floor, A Wing
                           Shastri Bhawan, New Delhi- 110 001.

                     2     The Chief Election Commissioner
                           O/o. The Election Commission of India
                           Nirvachan Sadan Ashoka Road
                           New Delhi- 110 001.

                     3     The Secretary
                           Public (Elections) Department
                           Tamil Nadu Government Secretariat
                           St George Fort
                           Chennai- 600 009.

                     4     The Chief Electoral Officer
                           O/o. The Chief Electoral Officer
                           Tamil Nadu Government Secretariat
                           St George Fort, Chennai-600 009.

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                                                                         W.P.No.6405 of 2021



                     5     Saravanan
                           Member of Legislative Assembly
                           No.7.A Maruthu Pandiayar Nagar
                           4th Main Road, Sultan Nagar,
                           Narimedu, Madurai- 625 002.

                     6     Gautham Sigamani.Pon
                           Member of Parliament
                           No.6-4 Thirupanazhwal Street
                           Shanmughapuram Colony, Viluppuram- 605 602.

                     7     Annadurai.C.N
                           Member of Parliament
                           No.370/1 Kattuputhur Devanamattu Village
                           Thiruvannamalai Taluk- 606 802.

                     8     Baalu.T.R
                           Member of Parliament
                           No.23 United India Colony
                           First Cross Street, Kodambakkam
                           Chennai- 600 024.

                     9     Chinraj A.K.P
                           Member of Parliament
                           No.2/142 Kallaiyankadu
                           Alampatti, Rasipuram Taluk- 637 505.

                     10 Parthiban.S.R
                        Member of Parliament
                        No.133/3 Gayathiri Nagar
                        Behind M.D.S. Nagar, Hasthampatty
                        Salem- 636 007.

                     11 Raveendranathkumar.P
                        Member of Parliament
                        No.54 North Agraharam
                        Thenkarai, Periyakulam-625 601.



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                                                                      W.P.No.6405 of 2021



                     12 Selvam G
                        Member of Parliament
                        No.148 Mariamman Koil Street
                        Siruvedal Village
                        Kancheepuram Taluk-631 561.

                     13 Subbarayan.K
                        Member of Parliament
                        No.18.A.V.Layout 5th street
                        Gandhi Nagar, Padmavadhipuram
                        Tiruppur- 641 603.

                     14 Shanmugasundaram.K
                        Member of Parliament
                        No.26.Perumalpudur
                        Kumaralingam Main Road, Amarayapatt
                        Madathukulam-642204.

                     15 Velusamy.P
                        Member of Parliament
                        No.2-229 Javathupatti
                        Oddanchatram Taluk, Dindugal Dist- 639 202.

                     16 Venkatesan.S
                        Member of Parliament
                        No.4 (3) Harvepatti
                        First Street, Madurai- 625 005.

                     17 Jothimani.S
                        Member of Parliament
                        No.7/116, Periyathirumangalar
                        Guddalore West
                        Chinnadharapuram-639 202.

                     18 Thirumaavalan.Thol
                        Member of Parliament
                        Keela Theru, Anganoor
                        Sennasinallur- 621 709.


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                                                                W.P.No.6405 of 2021



                     19 Ramalingam.S
                        Member of Parliament
                        Srinivasanallur
                        Thirunageshwaram post
                        Kumbakonam-612 204.

                     20 Ramesh.T.R.V.S.
                        Member of Parliament
                        No.65 Kumbakonam Road
                        Panruti-607 106.

                     21 Gnanathiraviam
                        Member of Parliament
                        No.4/370 Panchayat Union Street
                        Avarikulam,
                        Radhapuram Taluk- 627 133.

                     22 Dhanush M.Kumar
                        Member of Parliament
                        No.177 Kamaraj Colony South Devthanam
                        Rajapalayam Taluk- 626 145.

                     23 Navaskani-K
                        Member of Parliament
                        No.4/106 Kuruvadi (V)
                        Avathandai post, Kadaladi Taluk
                        Ramanathapuram Post.

                     24 Manickam Tagore.B
                        Member of Parliament
                        No.1E/20 Brindhavana Street
                        Madurai- 626 006.

                     25 Karti.P.Chidambaram
                        Member of Parliament
                        No.87 Mothilal Street
                        Kandanur-Karaikudi- 630 104.



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                                                                       W.P.No.6405 of 2021



                     26 Smt.Kanimozhi
                        Member of Parliament
                        No.36 Thoothukudi Parliamentary Constituency
                        No.14 First Main Road
                        C.I.T.Colony, Mylapore
                        Chennai- 60 004.

                     27 Palanimanickam.S.S.
                        Member of Parliament
                        No.49 Pradhaba Simmapuram
                        Srinivasapuram
                        Thanjavur- 613 009.

                     28 Thirunavukkarasar.Su
                        Member of Parliament
                        Theeyathur post
                        Avudaiyarkovil Taluk- 614 629.

                     29 Dr.Chellakumar.A
                        Member of Parliament
                        No.S.76. 18th street
                        Anna Nagar West, Chennai-600 040.

                     30 Jagathrakshakan.S
                        Member of Parliament
                        No.1.1st Main Road
                        Kastrhuribai Nagar, Adyar,
                        Chennai- 600 020.

                     31 Dr.Kalanidh
                        Member of Parliament
                        No.A-3.6th Street Anna Nagar East
                        Chennai- 600 102.

                     32 Ganeshmurthi.A
                        Member of Parliament
                        No.H-45 Periyar Nagar
                        Erode- 638 001.


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                                                                    W.P.No.6405 of 2021



                     33 Ravikumar.D
                        Member of Parliament
                        No.30 Bharathi Madha Street
                        Tiruchitrambalam
                        Vanur Taluk- 605 111.

                     34 Dr.Jayakumar.K
                        Member of Parliament
                        No.189.Pinayur Colony
                        Pinayur Villagem
                        Uthiramerur Taluk-603 106.

                     35 Dr.Vishnuprasad
                        Member of Parliament
                        No.6 First Street East Abiramapuram
                        Mylapore, Chennai- 600 004.

                     36 Dr.Senthilkumar
                        Member of Parliament
                        No.12/9C Winding Driver Chinnasamy Street
                        Dharmapuri- 636 701.

                     37 Natarajan.P.R
                        Member of Parliament
                        No.1.E Annapoorna Layout
                        New Siddhapudur
                        Coimbatore- 641 044.

                     38 T.Sumathy alias Tamilachi Thangapandian
                        Member of Parliament
                        Plot No.8.1st Main Road
                        Raja Nagar, Neelankarai
                        Chennai- 600 115.

                     39 Selvaraj.M
                        Member of Parliament
                        No.2/350.Nochiyur
                        Kovil Sithamalli Po
                        Manargudi Taluk-

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                                                                             W.P.No.6405 of 2021




                     40 Dayanidhi Maran
                        Member of Parliament
                        No.36.Raja Annamalaipuram
                        Boat Club 2nd Avenue
                        Chennai- 600 028.

                     41 Kathir Anand
                        Member of Parliament
                        No.7.5th East Cross Street
                        Gandhi Nagar, Vellore- 632 006.                .. Respondents

                     Petition filed under Article 226 of the Constitution of India praying for
                     issue of Writ of Mandamus directing the second respondent to take
                     appropriate action against the respondents 5 to 41 as per provisions of
                     Section 125A of the Representation of People Act, 1951 and
                     consequently direct the respondents 2 and 4 to educate the Returning
                     Officers, Voters, Contesting Candidates and Political parties to ensure
                     nominations and affidavits are perfect in all aspects.

                                    For Petitioner          : Mr.S.Sankar

                                    For Respondents         : Mr.Niranjan Rajagopalan
                                                              for respondent Nos.2 to 4


                                                        ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner complains of certain perceived anomalies in the previous election to suggest that the Election Commission should be more vigilant.

__________ Page 7 of 10 https://www.mhc.tn.gov.in/judis/ W.P.No.6405 of 2021

2. The assembly elections are due to be held on April 6, 2021.

3. It is too late in the day for any fresh directions to be issued to the Election Commission or for the Election Commission to adopt any novel procedure. There is no doubt that the Election Commission will address every detail to ensure that there are no mistakes and that the elections are free and fair.

4. W.P.No.6405 of 2021 is disposed of by requesting the Election Commission to take note of the mistakes pointed out by the petitioner and adopt the remedial measures, if possible. There will be no order as to costs.

                                                                     (S.B., CJ.)       (S.K.R., J.)
                                                                               12.03.2021

                     Index           : No
                     bbr




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https://www.mhc.tn.gov.in/judis/ W.P.No.6405 of 2021 To:

1 The Secretary Department of Legal Affairs Ministry of Law and Justice 4th floor, A Wing Shastri Bhawan, New Delhi- 110 001.
2 The Chief Election Commissioner O/o. The Election Commission of India Nirvachan Sadan Ashoka Road New Delhi- 110 001.
3 The Secretary Public (Elections) Department Tamil Nadu Government Secretariat St George Fort Chennai- 600 009.
4 The Chief Electoral Officer O/o. The Chief Electoral Officer Tamil Nadu Government Secretariat St George Fort, Chennai-600 009.

__________ Page 9 of 10 https://www.mhc.tn.gov.in/judis/ W.P.No.6405 of 2021 THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

bbr W.P.No.6405 of 2021 12.03.2021 __________ Page 10 of 10 https://www.mhc.tn.gov.in/judis/