B.Ambed Venkatesh v. The Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.2459 of 2022 B.Ambed Venkatesh ... Petitioner vs

1. The Chief Secretary to Government Chief Secretariat Fort St. George Chennai - 600 009.

2. The State Election Commissioner O/o. Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Road Arumbakkam Chennai - 600 106.

3. The Commissioner The Greater Chennai Corporation Ripon Building Chennai - 600 003. ... Respondents PRAYER: Petition under Article 226 of the Constitution seeking issuance of a writ of mandamus directing the respondents to consider and pass order on the petitioner's representation dated 31.1.2022 with regard to allotment of four wards meant for SC in the local body election in Chennai City Municipal Corporation within a stipulated time fixed by this Court.

For the Petitioner : Mr.R.Prathaban For the Respondents : Mr.R.Shunmugasundaram Advocate General assisted by Mr.P.Muthukumar State Government Pleader for 1st respondent : Mr.S.Sivashanmugam Standing Counsel for 2nd respondent : Mrs.Karthika Ashok Standing Counsel for 3rd respondent

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition to direct the respondents to consider the representation made by the petitioner alleging that allotment of wards was not made in accordance with law. The representation is otherwise against the notification of delimitation issued in the year 2018.

2. The petitioner has not shown sufficient cause for the delay in filing of the writ petition. Apart from the above, once the process of election has commenced, this court would not cause interference. Even otherwise, the writ petition is not maintainable because the allegation qua delimitation cannot be raised before this court unless violation of Rules has been shown.

For the foregoing reasons, the writ petition is dismissed. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

sasi To:

1. The Chief Secretary to Government Chief Secretariat Fort St. George Chennai - 600 009.

2. The State Election Commissioner O/o. Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Road Arumbakkam Chennai - 600 106.

3. The Commissioner The Greater Chennai Corporation Ripon Building Chennai - 600 003.

+1cc to M/s.R.Prathaban, Advocate Sr.8512 +1cc to M/s.Karthikaa Ashok, Advocate Sr.8584 W.P.No.2459 of 2022 ksm[co] srg 18/02/2022