Madras High CourtWP/5840/2023dismissed

M.Kannan v. The Chief Election Commissioner Of India

2023-02-24Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.5840 of 2023 M.Kannan ..

Petitioner Vs.

1. The Chief Election Commissioner of India Election Commission of India Nirvachan Sadan New Delhi.

2. The District Collector Erode.

3. Director General of Police Kamarajar Salai Mylapore, Chennai 600 004.

4. The Chief Electoral Officer State of Tamil Nadu St. George Fort, Secretariat Chennai 600 009.

5. Returning Officer Erode East Assembly Constituency Erode, Tamil Nadu.

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the fourth and fifth respondents to consider the petitioner representation dated 21.02.2023.

For the Petitioner : Mr.G.Dakshinamurthy For the Respondents : Mr.G.R.Niranjan Rajagopal for Respondents 1, 4 & 5 Mr.R.Shunmugasundaram Advocate General Assisted by Mr.Damodaran Additional Public Prosecutor Ms.A.G.Shakeena for Respondent-2 Mr.Hasan Mohamed Jinnah State Public Prosecutor Assisted by Mr.Suganthanan Government Advocate (Crl.Side) for Respondent-3

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner, claiming to be a practising Advocate and an independent candidate contesting in the bye-election of Erode East Assembly Constituency to be held on 27.02.2023, with the symbol of

coconut grove, has filed this writ petition seeking a direction to the respondents 4 and 5 to consider his representation dated 21.02.2023.

2. According to the petitioner, there are 226867 voters in the Constituency, out of which, 39000 names were shown in the list of ineligible voters. The ruling political party and Congress party were distributing money and also giving pressure cooker as gift to the voters. Further, at Krishnam Palayam, the ruling political party took the voters in a van at 7 am and sent them after giving money and providing breakfast, lunch and dinner. Hence, he made a written complaint to the fifth respondent on 20.02.2023. Since the fifth respondent refused to receive the complaint, he sent it to the fourth and fifth respondents, through registered post, on 21.02.2023. Contending that the respondents 4 and 5 have not taken any action, the petitioner has come up with this writ petition.

3. Learned counsel appearing for the petitioner contended that unless a direction is issued to the respondents to take steps to ensure a free and fair bye election, there will be a complete breakdown of law

and order and also violation of Code of ethics in the Representation of Peoples Act, 1950 in the bye-election.

4. Learned counsel appearing for the respondents 1, 4 and 5 submitted that 6 Flying Squads and 4 Static Surveillance Teams which have been deployed in the Constituency since 18.01.2023, have been increased to 12 Flying Squads and 12 Static Surveillance Teams from the date of notification of election, namely 31.01.2023, as observed in the order dated 20.02.2023 made in W.P.No.4789 of 2023 [C.Ve.Shanmugam v. Election Commission of India] to ensure free and fair election. Therefore, if the petitioner is aggrieved by any act of any person or political party, he can lodge a complaint with details, since the complaint given by the petitioner does not throw any light on the alleged occurrence. He further submitted that if any complaint is received by the Chief Electoral Officer, the same would be considered.

5. A perusal of the complaint given by the petitioner discloses that the complaint is bereft of particulars with regard to the alleged occurrence, namely date, time and the place and also the names of

the voters who had been taken in van and provided with money, breakfast, lunch and dinner. Thus, we do not see any merit in the grievance of the petitioner.

6. That apart, it is settled law that once the election process is initiated, the Court, exercising jurisdiction under Article 226 of the Constitution of India, cannot interfere with the same, as it would tantamount to stoppage of election.

7. In view of the above, this writ petition is dismissed. However, it is made clear that if any complaint is given by the petitioner, the same shall be considered by the respondents. There will be no order as to costs. Consequently, WMP Nos.5826 and 5827 of 2023 are also dismissed.

(T.R., ACJ.) (D.B.C., J.) 24.02.2023 Index : Yes/No : Yes/No kpl To