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Madras High CourtWP/9059/2019withdrawn dismissed

Tamil Manila Congress (Moopanar) v. Election Commission Of India,

2024-02-23Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Tamil Manila Congress (Moopanar) Rep. by its President G.K.Vasan No.4, Ashoka Road Alwarpet, chennai - 600 018.

..

Petitioner Vs.

1. Election Commission of India Rep. by its Secretary Nirvachan Sadan, Ashok Road New Delhi - 110 001.

2. The Chief Electoral Officer Government of Tamil Nadu Fort St. George, Chennai - 600 009.

3. The Returning Officer No.32, Thanjavur Parliament Constituency Thanjavur.

4. The State Election Commissioner Rep. by its Secretary No.208/2, Jawaharlal Nehru Road Opp. CMBT, Arumbakkam Chennai - 600 106.

[R4 impleaded vide order dated 30.08.2019 in W.M.P.No.20994 of 2019 in W.P.No.9059 of 2019] ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records from the file of the 1st respondent in proceedings No.56/Symbol/LET/ECI/PP/PPSII/2019/Vol-V dated 14.03.2019 and quash the same insofar as imposing a condition that the Bi-Cycle Symbol can be used only if the requirement minimum number of candidates as prescribed in Para 10B of the Symbols Order 1968 is adhered to and also confining the allotment of Bi-Cycle Symbol to the petitioner Party to this General Election alone are concerned AMENDED AS to issue a Writ of Certiorari, calling for the records from the file of the 1st Respondent in proceedings No.56/Symbol/LET/ECI/PP/PPS-II/2019/Vol.V dated 14.03.2019 and Proceedings of the First Respondent 56/14/LET/ECI/PP/PPS-II/2015 dated 18.10.

2019 and quash the same in so far as imposing a condition that the Bi-cycle symbol can be used only if the requirement of minimum number of candidates as prescribed in para 10B of the Symbols order 1968 is adhered to and also confining the allotment of Bi-cycle symbol to the Petitioner Party to the General Election 2019 alone are concerned. [Prayer amended vide order dated 28.02.2020 in W.M.P.No.5836 of 2020 in W.P.No.

Mr.K.Yuvaraja for M/s.Gnanadesikan Law Associates For the Respondents :

Mr.Niranjan Rajagopalan for R1 to R3 Mr.S.Sivashanmugam for R4

ORDER

(Made by the Hon'ble Chief Justice) Learned counsel appearing for the petitioner, on instructions, seeks leave to withdraw the present petition.

2. The writ petition, accordingly, stands dismissed as withdrawn. There shall be no order as to costs. Consequently, W.M.P.No.9607 of 2019 is closed.

(S.V.G., CJ.) (D.B.C., J.) 23.02.2024 Index :

Yes/No :

Yes/No drm To

1. The Secretary Election Commission of India Nirvachan Sadan, Ashok Road New Delhi - 110 001.

2. The Chief Electoral Officer Government of Tamil Nadu Fort St. George, Chennai - 600 009.

3. The Returning Officer No.32, Thanjavur Parliament Constituency Thanjavur.

4. The Secretary The State Election Commissioner No.208/2, Jawaharlal Nehru Road Opp. CMBT, Arumbakkam Chennai - 600 106.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 23.02.2024