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Madras High CourtWP/5564/2024disposed of

Marumalarchi Dravida Munnetra Kazhagam v. The Secretary

2024-03-07Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Marumalarchi Dravida Munnetra Kazhagam rep. by its General Secretary Mr.Vaiko : Petitioner versus 1.The Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110001 2.The Chief Election Commissioner Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110001 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to allot the Top symbol to Marumalarchi Dravida Munnetra Kazhagam in the state of Tamil Nadu for the ensuing General Election for the House of People 2024 and Tamil Nadu State Legislative Assembly 2026 based on the petitioner representation dated 11.12.23 and 28.02.24 within stipulated time. For the Petitioner :

Mr.M.Ajmal Khan,

Senior Counsel, for Mr.R.Murali For the Respondents :

Mr.Niranjan Rajagopalan for M/s.G.R.Associates

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Ajmal Khan, learned Senior Counsel for the petitioner and Mr.Niranjan Rajagopalan, learned counsel for the respondents.

2. The petitioner would restrict this petition to the extent that the respondents be directed to decide the representation dated 28.02.2024 (at page 46 of the paper book).

3. In view of that, we are not required to go into other merits of the matter. The respondents may decide the representation of the petitioner dated 28.02.2024 on its own merits, in accordance with law, rules and regulations, preferably within two weeks from the date of receipt of a copy of this order.

4. Writ petition stands accordingly disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 07.03.2024 Index : Yes/No : Yes/No tar To 1.The Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110001 2.The Chief Election Commissioner Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110001

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 07.03.2024