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Madras High CourtWP/8582/2021disposed of

B.Ramamoorthy v. Chief Election Commission Of India,

2021-04-01Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2021 CORAM :

The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.8582 of 2021 B.Ramamoorthy .. Petitioner -vs1.Chief Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110 001.

2.Chief Election Officer, Principal Secretary, Secretary to Government, Government of Tamilnadu, Fort St. George, Chennai 600 009.

3.The District Election Officer, District Collector, Office of the District Collectorate, Thiruppatthur District. 4.Returning Officer, Jolarpet Constituency, Jolarpet, Thiruppatthur District.

5.K.C.Veeramani .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the entire proceedings bearing Na.Ka.P2/1575/2021 dated 20.03.2021 (received on 23.3.2021) on the file of the 4th respondent and quash the same and consequently direct the 4th respondent to consider the objection of this petitioner dated 20.3.2021 along with the supportive documents after giving due opportunity to the petitioner.

For Petitioner : Mr.P.C.Harikumar for M/s.P.C.Harikumar & Associates For Respondents : Mr.Niranjan Rajagopalan for RR 1 to 4

ORDER

(Made by The Hon'ble Chief Justice) The petitioner's objection to the nomination filed by the fifth respondent candidate at the Jolarpet Assembly Constituency has been rejected by a speaking order of March 20, 2021.

2. The writ petitioner says that the basis of the impugned order is erroneous as the petitioner had furnished details in support of the petitioner's objection.

3. Unfortunately, the last date for withdrawing nominations or rejecting the same has long passed and the ballot papers have already been printed for the elections which are due to be held on April 6, 2021.

4. In such circumstances, no immediate order can be made on this petition and it will be for the petitioner to challenge the election in accordance with law, if the petitioner is so advised. W.P.No.8582 of 2021 is disposed of without going into the merits of the allegations levelled against the fifth respondent by the petitioner. There will be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1.The Chief Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110 001.

2.The Chief Election Officer, Principal Secretary, Secretary to Government, Government of Tamilnadu, Fort St. George, Chennai 600 009.

3.The District Election Officer, District Collector, Office of the District Collectorate, Thiruppatthur District. 4.The Returning Officer, Jolarpet Constituency, Jolarpet, Thiruppatthur District.

+1cc to M/s.P.C.Harikumar & Associates, Advocate, S.R.No.21489 +1cc to M/s.G.R.Associates, Advocate, S.R.No.21964 +1cc to the Government Pleader, S.R.No.21769 W.P.No.8582 of 2021 PM(CO) KM(19/04/2021)