B.Ramkumar Adityan v. Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY B.Ramkumar Adityan ..
Petitioner Vs.
1. Secretary Department of Personnel Public Grievances and Pensions Ministry of Personnel & Training North Block, New Delhi - 110 001.
2. Additional Chief Secretary Labour Welfare & Skill Development Department Government of Tamil Nadu, Secretariat, St. George Fort Chennai - 600 009.
3. Chief Election Commissioner O/o. Election Commission of India Nirvachan Sadan, Ashoka Road New Delhi - 110 001.
4. Chief Electoral Officer cum Secretary Public (Elections) Department Government of Tamil Nadu
Secretariat, St. George Fort, Chennai - 600 009.
5. Tamil Nadu State Election Commissioner O/o. Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Road Arumbakkam, Chennai - 600 106.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st, 2nd and 3rd respondents to make it mandatory to submit necessary proof of voting to the establishment to avail paid holiday on poll day if the employee is a voter in the constituency where a general/bye-election is to be held for a fruitful implementation of provision of Section 135 B of the Representation of People Act, 1951.
For the Petitioner : Mr.J.Antony Jesus For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for R1 and R2 Mr.Niranjan Rajagopalan for R3 Mr.S.Sivashanmugam for R5
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.J.Antony Jesus, learned counsel for the petitioner, Mr.A.Edwin Pabakar, learned State Government Pleader for respondents 1 and 2, Mr.Niranjan Rajagopalan, learned counsel for respondent 3 and Mr.S.Sivashanmugam, learned counsel for
respondent 5.
2. The present petition is filed seeking directions against respondents 1, 2 and 3 to make it mandatory to submit necessary proof of voting to the establishment to avail paid holiday on poll day if the employee is a voter in the Constituency where a general/bye-election is to be held.
3. According to the learned counsel for the petitioner, when holiday is granted on the poll day, it is necessary that the person should vote on the said day. Holiday is being enjoyed without the employee casting the vote. The same would not fulfill the purpose of Section 135 B of the Representation of the People Act, 1951. The person should provide the proof of voting to the establishment.
4. Upon being asked that if the establishment is closed on the poll day and the employee wants to work on the said day without voting, whether the establishment would allow him to work, learned counsel for the petitioner could not answer the same.
5. The purport of Section 135 B of the Representation of the People Act, 1951 is certainly to enable an employee to vote and to ensure that the employment would not be an impediment on his right to cast his vote. However, the prayer, as made, cannot be acceded to.
6. In the light of that, the writ petition, as such, stands disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 22.03.2024 Index :
Yes/No :
Yes/No drm
To
1. Secretary Department of Personnel Public Grievances and Pensions Ministry of Personnel & Training North Block, New Delhi - 110 001.
2. Additional Chief Secretary Labour Welfare & Skill Development Department Government of Tamil Nadu, Secretariat, St. George Fort Chennai - 600 009.
3. Chief Election Commissioner O/o. Election Commission of India Nirvachan Sadan, Ashoka Road New Delhi - 110 001.
4. Chief Electoral Officer cum Secretary Public (Elections) Department Government of Tamil Nadu Secretariat, St. George Fort, Chennai - 600 009.
5. Tamil Nadu State Election Commissioner O/o. Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Road Arumbakkam, Chennai - 600 106.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 22.03.2024