S.Surya Moorthi v. Election Commission Of India (Eci)

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No. 5300 of 2024 S.Surya Moorthi

...Petitioner

Vs.

1.Election Commission of India, Nirvachan Sadan, Ashok Road, New Delhi - 110001.

2.All India Anna Dravida Munnetra Kazhagam (AIADMK), Rep. by its Primary members Party Headquarters, 202, Avvai Shanmugam Salai, Lakshmipuram, Rayapettai, Chennai - 14.

3.Mr.O.Paneer Selvam, Party Treasurer, All India Dravida Munnetra Kazhagam (AIADMK), Party Headquarters, 202, Avvai Shanmugam Salai, Lakshmipura, Rayapettai, Chennai - 14.

4.Mr.Edappadi K.Palanisamy, Headquarters Secretary, All India Dravida Munnetra Kazhagam (AIADMK), Party Headquarters, 202, Avvai Shanmugam Salai, Lakshmipuram, Rayapettai, Chennai - 14.

...Respondents

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Prayer: Writ Petition filed under 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to conduct necessary enquiry into the representation dated 12.02.2024 submitted to the 1st respondent and take necessary action as prayed for in the said representation within a time thay may be specified. For Petitioner : M/s.V.Athikesavan and K.Sivasamy For Respondents : Mr.Niranjan Rajagopalan Senior Counsel for R1 Mr.K.Gowtham Kumar for R2 & R4 Mr.P.H.Aravindh Pandian for Ms.P.Rajalakshmi for R3

O R D E R

The petitioner seeks a mandamus directing the Election Commission of India to consider his representation dated 12.02.2024 and dispose of it in accordance with law.

2. Mr.Niranjan Rajagopalan, learned counsel appearing for the 1st respondent / Election Commission of India would submit that the Election Commission has issued notice to the parties and their responses has also been received and the Commission will take a decision within a period of four weeks from today. The Commission will hear all the parties before it reaches a decision.

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3. This Writ Petition is disposed of, with the above directions. No costs.

(R.S.M., J.) (C.K., J.) 04.12.2024 kkn Index: No Speaking order To:

1.The Election Commission of India, Nirvachan Sadan, Ashok Road, New Delhi - 110001.

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R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

KKN W.P.No. 5300 of 2024 04.12.2024 4/4