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Madras High CourtWP/10804/2018disposed of

P.P. Dhanarasu v. The Election Commissioner

2018-04-27Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.10804 of 2018 P.P.Dhanarasu ... Petitioner .. Vs ..

1.The Election Commissioner, Tamil Nadu State Co-operative Societies Election Commission, Kamadenu Super Market Building, 273, Scheme Road, Subbarayan Nagar, Teynampet, Chennai-600 018.

2.The District Election Officer/ Deputy Registrar of Co-operative Societies, Tiruchengode Region, Velur Road, CHB Colony, Tiruchengode, Namakkal District.

3.The Election Officer, No.849, Nallur Primary Agricultural Co-operative Credit Society, Nallur, Paramathy Velur Taluk, Namakkal District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to conduct free and fair election of No.849, Nallur Primary Agricultural Co-operative Credit Society, Nallur, Paramathy Velur Taluk, Namakkal District by permitting the petitioner to take video with audio coverage of the entire election process commencing from 30.04.2018 i.e. filing of Nomination papers till entire election process are over with necessary aid of the concerned officials by considering the petitioner's representation dated 06.04.2018. For Petitioner : Mr.R.Prabakar For R-1 : Mr.M.S.Palanisamy, Standing Counsel For RR-2 & 3 : Mr.L.P.Shanmugasundaram Special Government Pleader - - - - -

ORDER

This writ petition has been filed seeking a direction to the respondents to conduct free and fair election of No.849, Nallur Primary Agricultural Co-operative Credit Society, Nallur, Paramathy Velur Taluk, Namakkal District by permitting the petitioner to take video with audio coverage of the entire election process commencing from 30.04.2018 i.e. filing of Nomination papers till entire election process are over with necessary aid of the concerned officials by considering his representation dated 06.04.2018.

2.Learned Special Government Pleader appearing for respondents 2 and 3 would submit that since this Court in a similar circumstance had passed an order dated 06.04.2018 directing the Election Officer/the third respondent herein to allow the petitioner therein to take video coverage of the incident from the date of filing of the nomination papers till the date of declaration of results at the costs of the petitioner, the same direction may be issued in this petition. 3.Considering the submission made by the learned Special Government Pleader, since the first respondent had already issued a direction in their letter dated 01.03.2018 addressing to all the Superintendent of Police, District Collectors, Commissioner of Police and Election Officers, this Court opined that they would be acting on the letter dated 01.03.2018 depending upon the situation and this Court directs the third respondent to allow the petitioner to take video coverage of the incident from the date of filing of the nomination papers till the date of declaration of results at the costs of the petitioner.

4.Learned Special Government Pleader appearing for respondents 2 and 3 is directed to inform the order telephonically to the third respondent for covering the entire events through videography.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected W.M.P. is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

To 1.The Election Commissioner, Tamil Nadu State Co-operative Societies Election Commission, Kamadenu Super Market Building, 273, Scheme Road, Subbarayan Nagar, Teynampet, Chennai-600 018.

2.The District Election Officer/ Deputy Registrar of Co-operative Societies, Tiruchengode Region, Velur Road, CHB Colony, Tiruchengode, Namakkal District.

3.The Election Officer, No.849, Nallur Primary Agricultural Co-operative Credit Society, Nallur, Paramathy Velur Taluk, Namakkal District.

+1cc to Mr.R.Prabakar, Advocate sr.no.31911 +1cc to Government Pleader sr.no.33069 W.P.No.10804 of 2018 kan(co) nr 31/05/2018