P.Sampath v. The Chief Electoral Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NOS.5598, 5602, 6182 & 5603 OF 2022 AND W.M.P.NOS.5687, 5691, 5692, 6253 & 6254 OF 2022 W.P.NO.5598 OF 2022
1. P.Sampath
2. T.Sundaram
3. Parameshwari
4. Panjalai
5. Suresh
6. Kavitha
7. Vanitha
8. Sangeetha ... Petitioners .Vs.
1. The Chief Electoral Officer, Public (Elections) Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The State Election Commissioner The Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai - 600 106.
3. The District Collector, Fort main Road, Salem - 636 001.
4. Ramu
5. The Superintendent of Police, Sankari Main Road, Nethimedu, Salem - 636 002.
6. Muthusamy
7. Uma Shankar ... Respondents
W.P.NO.5602 OF 2022
1. K.Devi
2. M.Madhesh
3. C.Mannikam
4. P.Deivanai
5. S.Parameshwari
6. P.Shanmuga Priya
7. N.Sethupathi
8. M.Gowthaman ... Petitioners .Vs.
1. The Chief Electoral Officer, Public (Elections) Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The State Election Commissioner, The Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai - 600 106.
3. The District Collector, Fort main Road, Salem - 636 001.
4. Mohanakrishnan
5. The Superintendent of Police, Sankari Main Road, Nethimedu, Salem - 636 002.
6. Sangeetha
7. Murali ... Respondents W.P.NO.6182 OF 2022 V.Rangaraj ... Petitioner .Vs.
1. The Tamil Nadu State Election Commission, Rep. by its Secretary, Kamadhenu Supermarket Building, 273, Scheme Rd, Subbarayan Nagar, Teynampet, Chennai - 600 018.
2. The District Collector, Coimbatore District - 641 018.
3. The District Election Officer, The District Election Office, 1st Floor, District Collectorate Building, Coimbatore - 641 018.
4. The District Superintendent of Police, Office of the District Superintendent of Police, State Bank Road, Coimbatore District - 641 018.
5. The Returning Officer/Executive Officer, Annur Town Panchayat, Annur, Coimbatore District.
6. The Inspector of Police, Annur Police Station, Annur, Coimbatore District.
7. K.C.Vijaykumar
8. R.Parameswaran ... Respondents W.P.NO.5603 OF 2022
1. S.Jyothi
2. Y.Tamil selvi
3. P.Shunmugasundaram
4. K.Latha
5. P.Sivasakthi
6. G.Saradha
7. S.Gnanasekaran
8. P.Govindarajan ... Petitioners .Vs.
1. The Chief Electoral Officer, Public (Elections) Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The State Election Commissioner, The Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai - 600 106.
3. The District Collector, Fort main Road, Salem - 636 001.
4. Shahataj Begum
5. The Superintendent of Police, Sankari Main Road, Nethimedu, Salem - 636 002.
6. Sangeetha
7. Murali ... Respondents PRAYER IN W.P.NO.5598 OF 2022:- Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 1st and 2nd respondent to take appropriate disciplinary action against the 4th, 6th and 7th respondents and appoint an appropriate Election/ Returning Officer not less than the rank of the Sub-collector to monitor the Indirect elections for the post of Town Panchayat President and Vice President, Belur Town Panchayat and conduct the said election on such date as fixed along with appropriate police protection and CCTV surveillance inside and outside the Election premises in the manner as prescribed by the court and consequently direct the 5th and 6th respondents to provide adequate police protection to the petitioners. PRAYER IN WP.NO.
5602 OF 2022:- Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 1st and 2nd respondent to take appropriate disciplinary action against the 4th, 6th and 7th respondents and appoint an appropriate Election/ Returning Officer not less than the rank of the Sub-collector to monitor the Indirect elections for the post of Town Panchayat President and Vice President, Nangavalli Town Panchayat and conduct the said election on such date as fixed along with appropriate police protection and CCTV surveillance inside and outside the Election premises in the manner as prescribed by the court and consequently direct the 5th and 6th respondents to provide adequate police protection to the petitioners.
PRAYER IN W.P.NO.6182 OF 2022:- Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 1st to 6th respondents to consider the representation of the petitioner dated 10.03.2022 to conduct the re-election on 26.03.2022 for the post of Chairman of the Wards committee, Annur Town Panchayat, Coimbatore District with sufficient police protection, full CCTV coverage, webcast and telecast from casting vote will the declaration of the result and further take appropriate action under Law against the 7th respondent. PRAYER IN W.P.NO.
5603 OF 2022:- Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 1st and 2nd respondent to take appropriate disciplinary action against the 4th, 6th and 7th respondents and appoint an appropriate Election/ Returning Officer not less than the rank of the Sub-collector to monitor the Indirect elections for the post of Town Panchayat President and Vice President, Vanavasi Town Panchayat and conduct the said election on such date as fixed along with appropriate police protection and CCTV surveillance inside and outside the Election premises in the manner as prescribed by the court and consequently direct the 5th and 6th respondents to provide adequate police protection to the petitioners. IN W.P.NO.
Mr.Vijay Narayan For M/s.Nathan & Associates For Respondents :
Mr.R.Shanmugasundaram R1 & R3 Advocate General Assisted by Mr.P.Muthukumar State Government Pleader For Respondent 2 :
Mr.S.Sivashanmugam Standing Counsel For Respondent 5 :
Mr.Hasan Mohamed Jinnah State Public Prosecutor Assisted by Mr.A.Gopinath Government Advocate (Criminal Side)
IN W.P.NO.5602 OF 2022 For Petitioner :
Mr.Vijay Narayan Standing Counsel For Mr.Kaviyanathan (M/s.Nathan & Associates) For Respondent 2 :
Mr.S.Sivashanmugam Standing Counsel For Respondents :
Mr.R.Shanmugasundaram Nos.1 & 3 Advocate General Assisted by Mr.P.Muthukumar State Government Pleader IN W.P.NO.5603 OF 2022 For Petitioner :
Mr.Vijay Narayan Standing Counsel For Mr.Kaviyanathan (M/s.Nathan & Associates) For Respondent 2 :
Mr.S.Sivashanmugam Standing Counsel For Respondents :
Mr.R.Shanmugasundaram R1 & R3 Advocate General Assisted by Mr.P.Muthukumar State Government Pleader and M/s.A.G.Shakeenaa For Respondent 5 :
Mr.Hasan Mohamed Jinnah State Public Prosecutor Assisted by Mr.A.Gopinath Government Advocate (Criminal Side) IN W.P.NO.6182 OF 2022 For Petitioner :
Mr.T.R.Rajagopalan Standing Counsel For Mr.M.Marudhachalam
For Respondent 1 :
Mr.S.Sivashanmugam Standing Counsel For Respondents :
Mr.R.Shanmugasundaram Nos.2, 3 & 5 Advocate General Assisted by Mr.P.Muthukumar State Government Pleader and M/s.A.G.Shakeenaa For Respondents :
Mr.Hasan Mohamed Jinnah Nos.4 & 6 State Public Prosecutor Assisted by Mr.A.Gopinath Government Advocate (Criminal Side)
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioners state that during the pendency of the writ petitions, the elections have been conducted.
2. In view of the above, the writ petitions are rendered infructuous because during the pendency of the writ petition, the elections were conducted under the surveillance of the police officers and in the manner required. However, if the petitioners remain aggrieved by the results of the elections, they are at liberty to file an election petition to challenge it.
3. The writ petitions are disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.5692, 6253, 6254, 5691 and 5687 of 2022 are also closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kpl/drm
To 1.
The Chief Electoral Officer, Public (Elections) Department, Secretariat, Fort St. George, Chennai - 600 009.
2.
The State Election Commissioner, The Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai - 600 106.
3.
The District Collector, Fort main Road Salem - 636 001.
4.
The Superintendent of Police, Sankari Main Road, Nethimedu, Salem - 636 002.
5.
The Secretary, The Tamil Nadu State Election Commission, Kamadhenu Supermarket Building, 273, Scheme Rd, Subbarayan Nagar, Teynampet, Chennai - 600 018.
6.
The District Collector, Coimbatore District - 641 018.
7.
The District Election Officer, The District Election Office, 1st Floor, District Collectorate Building, Coimbatore - 641 018.
8.
The District Superintendent of Police, Office of the District Superintendent of Police, State Bank Road, Coimbatore District - 641 018.
9.
The Returning Officer/Executive Officer, Annur Town Panchayat, Annur, Coimbatore District.
10. The Inspector of Police, Annur Police Station, Annur, Coimbatore District.
+3ccs to M/s.Nathan & Associates, Advocate, S.R.Nos.25352 to 25354 +1cc to Mr.M.Marudhachalam, Advocate, S.R.No.24637 +1cc to the Government Pleader, S.R.No.24597 W.P.NOS.5598, 5602, 6182 & 5603 OF 2022 PMK(CO) PBS/28/04/2022