Madras High Court
The Chief Election Commissioner vs A.Santhana Kumar .. R-1/Petitioner on 26 November, 2019
Equivalent citations: AIRONLINE 2019 MAD 1392
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
O.A.No.976 of 2019 in ELP.No.3 of 2019
IN THE HIGH COURT OFR JUDICATURE AT MADRAS
(ORDINARY CIVIL ORIGINAL JURISDICTION)
DATED : 26-11-2019
CORAM:
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
O.A.No.976 of 2019
in
ELP.No.3 of 2019
The Chief Election Commissioner,
O/o.Election Commission of India,
Nirvachan Sadan,
Ashoka Road,
New Delhi-110 001. .. Applicant/R-1
Vs.
1.A.Santhana Kumar .. R-1/Petitioner
2.Kanimozhi Karunanidhi
3.G.Saravanan
4.B.Selvin
5.S.Lourdes
6.J.Sivaneswaran
7.A.Jeyaraj
8.A.Ramesh
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O.A.No.976 of 2019 in ELP.No.3 of 2019
9.V.Siva
10.Aamalan Rajiv Bonifas
11.M.Bhuvaneshwaran
12.K.Guru
13.P.Ramakrishnan
14.M.Sankaralingam
15.Sunman
16.M.Rajalingam
17.T.Marakatha Raghavaraj
18.D.Jayaganesh
19.Jasper Gnana Martin
20.R.Sennai Natarajan
21.M.Ganesan
22.J.Ravishankar
23.TPS.Pon Kumaran
24.S.Ponraj
25.Ponnuswamy
26.M.Antohillery
27.M.Ramakrishnan
28.M.Maharajan
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O.A.No.976 of 2019 in ELP.No.3 of 2019
29.Dr.Tamilisai Soundararajan
30.S.Christatine Rajasekar
31.E.V.S.Rajakumar Naidu
32.P.Balamurugan
33.S.Germanus
34.C.Subhashini Malathi
35.ER.P.Pradeep Ganesan
36.P.Rajkumar
37.Gabriel James Fernando
38.G.James .. R-2 to R-38/ R-2 to R-38
This Original Application is filed under Order XIV Rule 8 of
Madras High Court Original Side Rules read with Section 151 of the Code of
Civil Procedure, 1908, to permit the applicant to release the electronic
voting machines used for the elections in No.36, Thoothukudi Parliamentary
Constituency, Tamil Nadu challenged in the Election Petition No.3 of 2019.
For Applicant : Mr.Niranjan Rajagopalan
For Respondent-1 : Mr.S.Makesh
For Respondent-2 : Mr.Richardson Wilson for
M/s.P.Wilson Associates.
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O.A.No.976 of 2019 in ELP.No.3 of 2019
ORDER
The Original Application is filed by the Chief Election Commissioner to permit the applicant to release the electronic voting machines used for the elections in No.36, Thoothukudi Parliamentary Constituency, Tamil Nadu challenged in the Election Petition No.3 of 2019.
2. The learned counsel appearing on behalf of the applicant made a submission that the Election Petition No.3 of 2019 has been filed to declare the election of the returned candidates, namely, the first respondent in the main petition from No.36, Thoothukudi Parliamentary Constituency, Tamil Nadu held on 18.04.2019, in which the results have been declared on 23.05.2019 as null and void. As a practice of caution, the Electronic voting machines are preserved during the pendency of the Election Petition, due to which it is blocked from usage in other elections.
3. The learned counsel for the applicant made a submission that in the present original application, the issue is regarding the improper acceptance of Nomination Forms by the Returning Officer. In other words, it is contended that the particulars furnished in the Nomination Forms are 4/6 http://www.judis.nic.in O.A.No.976 of 2019 in ELP.No.3 of 2019 improper and not in consonance with the provisions of the Representation of the People Act, 1951.
4. The learned counsel for the applicant reiterated that no issue raised regarding the counting of votes in connection with the functioning of the Electronic Voting Machines. Thus, there is no impediment for allowing the application to release the Electronic Voting Machines, which are now kept in pendency of the Election Petition.
5. The learned counsel appearing on behalf of the respondents have no serious objections for allowing the application, as they have admitted that there is no issue with reference to the counting of votes or in relation to the electronic voting machines utilised for casting votes.
6. In view of the fact that the respective counsels appearing on behalf of the respondents have no objection for allowing the application, this Court is inclined to consider the application.
7. Accordingly, the relief sought for in the present application to permit the applicant to release the electronic voting machines used for the 5/6 http://www.judis.nic.in O.A.No.976 of 2019 in ELP.No.3 of 2019 S.M.SUBRAMANIAM, J.
Svn elections in No.36, Thoothukudi Parliamentary Constituency, Tamil Nadu challenged in Election Petition No.3 of 2019 stands allowed. However, there shall be no order as to costs.
26-11-2019
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Svn
To
The Chief Election Commissioner,
O/o.Election Commission of India,
Nirvachan Sadan,
Ashoka Road,
New Delhi-110 001.
O.A.No.976 of 2019
in
ELP.No.3 of 2019
6/6
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