K.Jeyaraj v. The State Election Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.7846 of 2021 K.Jeyaraj .. Petitioner Vs.
1.The State Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai - 600 106.
2.The Chief Electoral Officer of Tamil Nadu, Public (Elections) Department, Secretariat, Chennai - 600 009.
3.The District Election Officer/ District Collector, Office of the District Collectorate, Dindigul District.
4.The Electoral Returning Officer, Oddanchatram Assembly Constituency/ Revenue Divisional Officer, Sub Collector's Office, Palani.
5.N.P.Natarajan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to take legal action against the fifth respondent and forbear the fifth respondent from in any manner doing propagation of giving free treatment to the voters of Oddanchatram Constituency till the conclusion of Tamil Nadu State Assembly Election 2021.
For Petitioner : Mr.Veerakathiravan Senior Counsel for M/s.Veera Associates For Respondents : Mr.Niranjan Rajagopalan for respondent Nos.1 to 4
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The grievance of the petitioner is that one of the candidates at a particular constituency in the forthcoming Assembly elections is seeking to offer free medical services at such candidate's medical facility. The petitioner says that such propaganda is contrary to the model code of conduct and the petitioner's representation has not been dealt with by the respondents.
2. It appears that the petitioner has made a representation to the State Election Commission, which is not authorised to conduct Assembly elections or look into matters pertaining thereto.
3. Since the Election Commission of India is represented, such Commission is requested to call for the relevant representation and take a reasoned decision thereon as expeditiously as possible.
4. In the event the petitioner has any evidence of the speech taped or recorded or filmed, the petitioner may forward the same to the Election Commission.
5. W.P.No.7846 of 2021 is disposed of. There will be no order as to costs. Consequently, W.M.P.No.8377 of 2021 is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
To:
1.The State Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai - 600 106.
2.The Chief Electoral Officer of Tamil Nadu, Public (Elections) Department, Secretariat, Chennai - 600 009.
3.The District Election Officer/ District Collector, Office of the District Collectorate, Dindigul District.
4.The Electoral Returning Officer, Oddanchatram Assembly Constituency/ Revenue Divisional Officer, Sub Collector's Office, Palani.
+1cc to M/s.G.R.Associates, SR.NO..19980 +1cc to The Government Pleader SR.NO..20194 AKM/09.04.21/3P-7C/ W.P.No.7846 of 2021 26.03.2021