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Madras High CourtWP(MD)/6401/2019dismissed for nonprosecution

N.Sivakumar v. The Election Commission Of India,

2019-03-22Honourable Mr Justice S. Manikumar,Honourable Mr Justice Subramonium Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:22/3/2019

CORAM

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition(MD).No.6401 of 2019 N.Sivakumar ... Petitioner Vs

1. The Election Commission of India Nirvachan Sadan, Ashoka road New Delhi 110 001.

2. The State of Tamil Nadu rep. By its Chief Secretary to Government Secretariat, Fort St.George Chennai 600 009.

3. The Chief Election Officer Public (Elections) Department Secretariat, Fort St.George Chennai 600 009.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the respondents 1 to 3 to set up Special Electronic Voting Machines to Non Service Voters consisting of Polling personnel and Police Personnel, at designated polling booths in each constituency instead of the present arrangement of Postal Ballots in future General Elections to Legislative Assemblies in India and to conduct separate polling for this category of Voters, a few days prior to or after the General Elections, within the time period stipulated by this Court. For petitioner ...

No appearance For respondents ...

Mr.Niranjan Rajagopal for R.1.

Mr.E.Manoharan Additional Government Pleader for R.2.

No appearance for R.3.

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by S.Manikumar,J) On 21/3/2019, when the matter was listed, there is no representation for the petitioner. Hence, directed the Registry to post the matter, under the caption, "for dismissal". Today, also there is no representation.

2. Mr.Niranjan Rajagopal, learned counsel for the Election Commission of India, first respondent, submitted that writ petition is not maintainable and that an amendment is required to the Election Laws. Submission is placed on record.

3. Inasmuch as there is no representation on two occasions, we constrained to dismiss the instant writ petition for nonprosecution. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registra mvs.

To

1. The Election Commission of India Nirvachan Sadan, Ashoka road New Delhi 110 001.

2. The Chief Secretary to Government State of Tamil Nadu Secretariat, Fort St. George Chennai 600 009.

3. The Chief Election Officer Public (Elections) Department Secretariat, Fort St. George Chennai 600 009.

+1cc to Mr.Niranjan Rajagopal, Advocate, S.R.No.27524 Writ Petition(MD).No.6401 of 2019 RGN(CO) CS/16/05/2019 https://hcservices.ecourts.gov.in/hcservices/