Mrs. Nathiya v. The Tamilnadu State Election Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2050 of 2020 and W.M.P. No. 2395 of 2020 Nathiya ... Petitioner -vs1. The Tamil Nadu State Election Commission, Rep. by the Tamil Nadu State Election Commissioner, No. 208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai.

2. The Returning Officer/The District Disabled Persons Welfare Officer, R.K.Pet Panchayat Union, R.K.Pet Taluk, Tiruvallur District - 631 303.

3. The Superintendent of Police, Tiruvallur District, Tiruvallur.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Third Respondent to provide effective police protection to the Petitioner and other 7 councilors of DMK allies to participate in the election of Chairman and Vice Chairman scheduled to be held on 30.01.2020 at 11.00 a.m. and 3.00 p.m. respectively at R.K.Pet Panchayat Union Officer under First Respondent's Circular, consequently direct the Second Respondent to conduct election of Chairpersons and Vice Chairman, for R.K.Pet Panchayat Union, Tiruvallur District to transparently, democratically free and fair election under Article 19(1) of Constitution of India as well as sub section (vii) of Section 3(1) of SC & ST (Prevention and Atrocities) Act, 1989.

For Petitioner :

Mr. V. Arun For Respondents :

Mr. AR.L. Sundaresn, Senior Counsel assisted by Mr. B. Nedunchezhiyan, Standing Counsel (for R1) Mr. V. Jayaprakash Narayanan, Government Pleader (for R2 and R3)

O R D E R

Mr. AR.L. Sundaresan, Senior Counsel assisted by Mr. B. Nedunchezhiyan, Learned Standing Counsel takes notice for the First Respondent and Mr. V. Jayaprakash Narayanan, Learned Government Pleader takes notice for the Second and Third Respondents.

2.

The Petitioner has been elected as Ward Councilor of R.K. Pet Panchayat Union and he made representation dated 25.01.2020 seeking police protection for election to be held on 30.01.2020 to the post of Chairman and Vice Chairman of the R.K. Pet Panchayat Union.

3.

Learned Senior Counsel appearing for the First Respondent, on instructions, states that Circular Na. Ka. No. 7361/2019/OO.They2 dated 08.01.2020 has been issued directing the Third Respondent to give individual police protection to each of the Ward Members and that the entire election process would be videographed.

4.

Recording the aforesaid submissions made, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vjt

To

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

2. The Returning Officer/The District Disabled Persons Welfare Officer, R.K.Pet Panchayat Union, R.K.Pet Taluk, Tiruvallur District - 631 303.

3. The Superintendent of Police, Tiruvallur District, Tiruvallur.

+1cc to Government Pleader, SR.NO.7216 +1cc to Mr.V.Arun, Advocate, SR.NO..No.6726 W.P. No. 2050 of 2020 SSI(CO) KKV/12/06/2020