R.Subramanian v. The Chief Electoral Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.7013 of 2021 R.Subramanian ... Petitioner -vs1.The Chief Electoral Officer and Secretary to Government, Public (Elections) Department, Fort St. George, Chennai.

2.The District Collector/District Election Officer, Thoothukudi, Thoothukudi District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the Respondents to allot separate Polling Booth as allotted during the local body elections to the people of Scheduled Caste Community at Manakkarai Village, Karunkulam Panchayat Union, Thoothukudi District.

For Petitioner : Mr.P.Kannan Kumar For Respondents : Mr.Niranjan Rajagopal for M/s.G.R.Associates for R2

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks a separate booth for Scheduled Caste voters at Manakkarai Village within the Karunkulam Panchayat Union, Thoothukudi District.

2. Directions of the nature that the petitioner seeks cannot be issued, particularly in the context of the plenary authority exercised by the Election Commission in how elections https://hcservices.ecourts.gov.in/hcservices/

would be conducted. At any rate, it is too late in the day now to seek such directions as the elections are scheduled to be held on April 6, 2021.

3. At the same time, the Election Commission should take such steps as may be reasonable and necessary to ensure that no voter is prevented from exercising her franchise on the ground of caste, creed, religion or any other pretext.

4. W.P.No.7013 of 2021 is disposed of by permitting the petitioner to forward a copy of this order to the Election Commission, for the Election Commission to be aware of the possible sensitivity in the locality and take appropriate remedial measures before hand. There will be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To:

1.The Chief Electoral Officer and Secretary to Government, Public (Elections) Department, Fort St. George, Chennai.

2.The District Collector/District Election Officer, Thoothukudi, Thoothukudi District.

+1cc to M/s.P.Kannan Kumar, Advocate SR.17973 +1cc to M/s.G.R.Associates, Advocate SR.17981 +1cc to the Government Pleader SR.18010 W.P.No.7013 of 2021 AAB(CO) CB(31/03/2021) https://hcservices.ecourts.gov.in/hcservices/