Lalitha B Sheth v. Election Commission Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.7860 of 2023 Lalith B Sheth .. Petitioner Vs 1.The Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.
2.The Chief Electoral Officer, Public (Elections) Department, Secretariat, Fort St. George, Chennai - 600 009.
3.The Electoral Registration Officer, Greater Chennai Corporation - Zone 13, No.115, Dr. Muthulakshmi Salai, L.B. Road, Adyar, Chennai - 600 020.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to restore the petitioner's original voters identity with EPIC No.LWN2543890 on the file of Tamil Nadu State Electoral Rolls for the assembly constituency - Velachery, Chennai.
For the Petitioner : Mr.G.Krishnakumar For the Respondents : Mr.Niranjan Rajagopalan for respondent Nos.1 and 2 : Mr.A.Arun Babu Standing Counsel for respondent No.3
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) Lalith B.Seth, son of Bipin K.Seth, a resident of Gandhinagar, Adyar, Chennai, has filed this writ petition seeking issuance of a writ of mandamus directing the respondents to restore the petitioner's original Voter's identity card with EPIC No.LWN2543890 on the file of Tamil Nadu State Electoral Rolls for the assembly constituency - Velachery, Chennai.
2. Mr.G.Krishnakumar, learned counsel appearing on behalf of the petitioner, would submit that based on the Voter's identity card originally issued to the petitioner with EPIC No.LWN2543890 on 9.9.2000, the petitioner had cast his vote in various elections. However, when the petitioner went to cast his vote on 6.4.2021, he
was informed that there is no such Voter identity card detailed in the voters' list and the petitioner was not allowed to cast his vote. On verification, the petitioner's name was found under a different Voter's identity card having EPIC No.LWN5736566, showing the gender as female and the photograph was blurred. On the basis of the complaint lodged by the petitioner, the third respondent forwarded Voter's identity card having EPIC No.LWN5736566, rectifying the error in gender of the petitioner mentioned therein, however with a blurred photograph. The petitioner sent a detailed representation on 11.1.2022 to the third respondent to restore the original Voter ID having EPIC No.LWN2543890 instead of Voter ID having EPIC No.LWN5736566. As the said representation did not evoke any response, the petitioner has been advised to file this writ petition.
3. Mr.Niranjan Rajagopalan, learned counsel for respondents 1 and 2, and Mr.A.Arun Babu, learned Standing Counsel for the third respondent, would submit that, if four weeks' time is granted, the third respondent shall consider the representation of the petitioner
dated 11.1.2022 and pass appropriate orders.
4. In view of the aforesaid submission made by learned counsel for the respondents, the writ petition is disposed of with a direction to the third respondent to consider the representation of the petitioner dated 11.1.2022 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. There will no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 15.03.2023 Index :
No No sasi To:
1.The Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.
2.The Chief Electoral Officer, Public (Elections) Department, Secretariat, Fort St. George, Chennai - 600 009.
3.The Electoral Registration Officer, Greater Chennai Corporation - Zone 13, No.115, Dr. Muthulakshmi Salai, L.B. Road, Adyar, Chennai - 600 020.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 15.03.2023