Madras High Court
P.Subbulakshmi vs The State Election Commissioner on 19 December, 2019
Author: M.Duraiswamy
Bench: M.Duraiswamy, T.Ravindran
W.P(MD)Nos.27079 & 27082 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.12.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE T.RAVINDRAN
W.P(MD)Nos.27079 and 27082 of 2019
and
W.M.P(MD)No.23416 of 2019 in W.P(MD)No.27079 of 2019
W.P(MD)No.27079 of 2019:
P.Subbulakshmi ... Petitioner
Vs.
1.The State Election Commissioner,
The State Election Commission,
Jawaharlal Nehru Road,
Arumpaukam,
Chennai.
2.The District Collector/The District Election Officer,
Dindigul District,
Dindigul.
3.The Assistant Election Officer/The Block Development Officer,
Vedasandur Union,
Dindigul District.
4.The Chief Secretary to the State,
The Tamil Nadu State Government,
Secretariat,
Chennai. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Mandamus to forbear the respondents herein from distributing
the freebies in the guise of Pongal Gift during the existence of Election Model Code of
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W.P(MD)Nos.27079 & 27082 of 2019
Conduct provided by the fourth respondent herein on the basis of the representation
of the petitioner, dated 16.12.2019.
For Petitioner : Mr.G.Prabhu Rajadurai
for Mr.S.Balakarthick
For Respondents : Mr.D.Shanmuga Raja Sethupathi for R.1
Mr.Vijay Narayan,
Advocate General, assisted by
Mr.VR.Shanmuganathan
Special Government Pleader
and
Mr.M.Rajarajan
Government Advocate for R.2 to R.4
*****
W.P(MD)No.27082 of 2019:
P.Subbulakshmi ... Petitioner
Vs.
1.The State Election Commissioner,
The State Election Commission,
Jawaharlal Nehru Road,
Arumpaukam,
Chennai.
2.The District Collector/The District Election Officer,
Dindigul District,
Dindigul.
3.The Assistant Election Officer/The Block Development Officer,
Vedasandur Union,
Dindigul District.
4.The Chief Secretary to the State,
The Tamil Nadu State Government,
Secretariat,
Chennai. ... Respondents
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W.P(MD)Nos.27079 & 27082 of 2019
Prayer : Petition filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Mandamus to direct the first respondent to fix separate boxes
for each post in the Local Body Elections on the basis of the representation of the
petitioner, dated 16.12.2019.
For Petitioner : Mr.G.Prabhu Rajadurai
for Mr.S.Balakarthick
For Respondents : Mr.D.Shanmuga Raja Sethupathi for R.1
Mr.Vijay Narayan,
Advocate General, assisted by
Mr.VR.Shanmuganathan
Special Government Pleader
and
Mr.M.Rajarajan
Government Advocate for R.2 to R.4
*****
COMMON ORDER
[Order of the Court was made by M.DURAISWAMY,J.] W.P(MD)No.27079 of 2019 has been filed as a Public Interest Litigation seeking to issue a Writ of Mandamus to forbear the respondents herein from distributing the freebies in the guise of Pongal Gift during the existence of Election Model Code of Conduct provided by the fourth respondent herein on the basis of the representation of the petitioner, dated 16.12.2019.
2. W.P(MD)No.27082 of 2019 has been filed as a Public Interest Litigation seeking to issue a Writ of Mandamus to direct the first respondent to fix separate boxes for each post in the Local Body Elections on the basis of the representation of the petitioner, dated 16.12.2019.
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3. The apprehension of the petitioner in W.P(MD)No.27079 of 2019 is that in the event of the distribution of the freebies to the family card holders, the Ruling Party would be in an advantageous position in the forthcoming Rural Local Body Elections.
4. Mr.Vijay Narayan, learned Advocate General appearing for the respondents 2 to 4 submitted that when a permission was sought from the State Election Commission for the distribution of the freebies to the family card holders, the State Election Commission by letter dated 18.12.2019 in Ref.No.Na.Ka. 5781/2019/The.Se.1, informed the Government that the freebies can be distributed to the family card holders in respect of 9 districts where the Rural Local Body Elections are not being conducted and in respect of the districts where the Rural Local Body Elections are to be held on 27th and 30th of this month, the Government shall not distribute the freebies to the family card holders.
5. In view of the reply, dated 18.12.2019, given by the State Election Commission to the State Government, we do not find any reason to pass any further orders in the writ petition in W.P(MD)No.27079 of 2019. The submissions made by the learned Advocate General is recorded and W.P(MD)No.27079 of 2019 stands closed. No costs. Consequently, W.M.P(MD)No.23416 of 2019 is also closed. http://www.judis.nic.in 4/7 W.P(MD)Nos.27079 & 27082 of 2019
6. So far as W.P(MD)No.27082 of 2019 is concerned, the learned Counsel for the first respondent/State Election Commission submitted that already the ballot boxes were made ready and also suitable instructions were given to the authorities to have the ballot boxes as directed by the State Election Commission and that at the last moment, there cannot be any change in the ballot boxes which would jeopardize the conduct of the elections scheduled to be held on 27th and 30th of this month.
7. We totally agree with the submissions made by the learned Counsel for the first respondent. Since the petitioner has approached this Court at the last moment giving no time to the authorities to take a decision in the matter, we are not inclined to give any direction to the authorities in respect of ballot boxes. However, it is open to the first respondent to take a decision with regard to the request made by the petitioner in her representation, dated 16.12.2019 for the next Local Body Elections.
8. With these observations, W.P(MD)No.27082 of 2019 is closed. No costs.
[M.D.,J.] [T.R.N.,J.]
19.12.2019
Index :Yes/No
Internet :Yes/No
rsb
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W.P(MD)Nos.27079 & 27082 of 2019
To
1.The State Election Commissioner,
The State Election Commission,
Jawaharlal Nehru Road,
Arumpaukam,
Chennai.
2.The District Collector/The District Election Officer, Dindigul District, Dindigul.
3.The Assistant Election Officer/The Block Development Officer, Vedasandur Union, Dindigul District.
4.The Chief Secretary to the State, The Tamil Nadu State Government, Secretariat, Chennai.
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AND T.RAVINDRAN,J.
rsb W.P(MD)Nos.27079 and 27082 of 2019 and W.M.P(MD)No.23416 of 2019 in W.P(MD)No.27079 of 2019 19.12.2019 http://www.judis.nic.in 7/7