S.Venkatachalam v. The Chief Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.1648 of 2022 S.Venkatachalam

...Petitioner

Vs.

1.The Chief Election Commissioner Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Road (Opp. to Koyambedu Bus Terminus) Arumbakkam, Chennai.

2.The District Election Officer/District Collector Office of the District Collector Tiruppur District.

3.The Election Officer/Executive Officer Rudhravathi Town Panchayat Kundadam Union Kundadam, Dharapuram Taluk Tiruppur District.

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 3rd respondent not to change and final voter list dated 09.12.2021 in respect of the Ruthravathi Town Panchayat, Dharapuram Taluk, Thiruppur District.

For Petitioner :

Mr.J.Franklin For Respondents :

Mr.S.Sivashanmugam, Standing Counsel for respondent-1 Mr.P.Muthukumar State Government Pleader for respondents 2 & 3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Apprehending change in the Voters' List, the present writ petition has been filed. However, no basis for apprehension has been given.

2. As per Section 44(4A) of the Tamil Nadu District Municipalities Act, 1920, objections to the Voter's List with necessary action thereupon is permissible till the last date for making nomination for election. Thus, the prayer made in the writ petition to restrain the respondents from altering the Voters' List cannot be entertained.

3. We do not find any merit, except mere apprehension without any material. Thus, the writ petition is dismissed. There will be no order as to costs. Consequently, WMP No.1796 of 2022 is also dismissed.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar kpl To:

1.The Chief Election Commissioner Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Road Arumbakkam, Chennai.

2.The District Election Officer/District Collector Office of the District Collector, Tiruppur District. 3.The Election Officer/Executive Officer Rudhravathi Town Panchayat Kundadam Union, Kundadam, Dharapuram Taluk Tiruppur District.

+1cc to the Special Government Pleader Sr.No.6499 W.P.No.1648 of 2022 RP(CO) RVM(08/02/2022) https://hcservices.ecourts.gov.in/hcservices/