N.Srinivasan v. The Chief State Election Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2022
CORAM:
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.3087 OF 2022 N.Srinivasan ... Petitioner .Vs.
1. The Chief State Election Commissioner, The Tamil Nadu State Election Commission, Koyambedu, Chennai.
2. The District Election Officer/ District Collector, Ranipet District.
3. The Election Officer/Commissioner of Municipality, Sholingur Municipality, Sholingur, Ranipet District.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, praying for writ of Mandamus to direct the respondents No.1 to 3 to change the counting centre from Arignar Anna Government Arts College for Womens at Walajapet, Ranipet District to Sholingur for counting of the votes for the 27 wards of Sholingur Municipality based on the representation dated 09.02.2022.
For Petitioner :
Mr.K.G.Senthilkumar For Respondents :
Mr.R.Shunmugasundaram Advocate General Assisted by Mr.P.Muthukumar State Government Pleader For Respondents - 2 and 3
Mr.S.Sivashanmugam Senior Counsel For Respondent - 1
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed seeking a direction to the respondents 1 to 3, to change the counting centre from Arignar Anna Government Arts College for Womens at Walajapet, Ranipet District to Sholingur, for counting votes for 27 Wards of Sholingur Municipality.
2. According to the petitioner, in view of the number of candidates contesting the election and also the number of women candidates, the convenient place for counting of votes would be Sholingur. Therefore, a prayer is made to change the votes counting centre to Sholingur.
3. We have considered the submission aforesaid and find no substance in the writ petition. It is not for the Court to decide the place of counting of votes or any matter pertaining to election, unless there is an illegality, which may allow the Court to interfere with other than what is barred by the Constitutional provision. Thus, the writ petition would not be maintainable.
4. Further, we find no basis to allow the prayer and that too, when the centres for counting of votes have been determined by the respondents with appropriate arrangements. A change therein, at the last moment, would not be appropriate. Thus, the writ petition is dismissed for want of merits. There will be no order as to costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kpl/drm
To 1.
The Chief State Election Commissioner, The Tamil Nadu State Election Commission, Koyambedu, Chennai.
2.
The District Election Officer/ District Collector, Ranipet District.
3.
The Election Officer/Commissioner of Municipality, Sholingur Municipality, Sholingur, Ranipet District.
+1cc to Mr.K.G.Senthilkumar, Advocate, S.R.No.9694 (04/03/2022) +1cc to the Government Pleader, S.R.No.10309 W.P.NO.3087 OF 2022 NK(CO) PBS/24/02/2022