K.Sathyamoorthy v. Chief Election Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.6081 of 2021 K.Sathyamoorthy, General Secretary, Sattathagam Makkal Katchi, 33/30 B, TVS colony, Meenakshi Nagar, Hasthampatti, Salem-7 ... Petitioner -vs1. Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.

2. Chief Electoral Officer, Tamil Nadu State Election Commission,

3. Secretary to Government, Tamil Nadu, Public Election Department, Fort St.George, Chennai - 9.

4. Secretary, Delimitation Commission of Tamil Nadu, 208/2, Jawaharlal Nehru Salai, Arumbakkam, .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 3 to conduct the elections to Tamil Nadu State Assembly after preparing the fresh voters list with particulars available in Aadhar card and without insisting for the Form 6 and Form 7 and direct the respondents to allow the voters to cast their vote with the biometric Identity without insisting for their names to be present in voters list.

For Petitioner : Ms.Srinidhi for Mr.A.R.Vishwaram For Respondents : Mr.V.Jayaprakash Narayanan State Government Pleader for respondent No.3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner seeks an order in this public interest litigation for a fresh voters' list to be prepared with details of Aadhar cards and the like.

2. Since the election to the assembly constituencies has already been notified and considerable progress made by the Election Commission, the present petition may be irrelevant for the immediate purpose.

3. Accordingly, W.P.No.6081 of 2021 is disposed of without going into the merits thereof and by leaving the petitioner free to make a similar representation well ahead of any next general elections. There will be no order as to costs. Consequently, W.M.P.No.6716 of 2021 is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar bbr To:

1. The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.

2. The Chief Electoral Officer, Tamil Nadu State Election Commission,

3. The Secretary to Government, Tamil Nadu, Public Election Department, Fort St.George, Chennai - 9.

4. The Secretary, Delimitation Commission of Tamil Nadu, 208/2, Jawaharlal Nehru Salai, Arumbakkam, +1cc to M/s.G.R.Associates, Advocate Sr.16435 +1cc to the Government Pleader Sr.16124 W.P.No.6081 of 2021 pm[co] srg 24/03/2021