M/S.Salem Managratchi Nagara v. Election Commission Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.04.2016 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice M.M.SUNDRESH W.P.No.16227 of 2016 M/s.Salem Managratchi Nagara Perunthu Nilaya Kattida Vadagai Kadaikarargal Nala Sangam (Regn.No.11/2008) represented by its President - T.S.Sivalingam, No.6, Nagara Perunthu Nilayam, Salem 636 001.

.. Petitioner

Versus

1. Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi.

2.The Chief Electoral Officer, Election Commission of India, Fort St.George, Chennai 600 009.

3.The Government of Tamil Nadu represented by the Secretary, Home Department, Fort St.George, Chennai 600 009.

4.The District Election Officer and District Collector, Salem, Salem District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the 1st respondent through his men or agents not to harass the petitioner while carrying on cash for business purpose on production of proper documents as per the representation dated 05.04.2016.

For Petitioner ::: Mr.R.Hemalatha For Respondents ::: Mr.Niranjan Rajagopal for M/s.G.R.Associates for R.1 and R.2 Mr.V.R.Kamalanathan AGP for R.3 and R.4

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The endeavour of the Election Commission to seize cash to decrease the role of money in the State Elections has to be supported rather than impeded. If at all, it should be carried on even more vigorously.

2. We are thus not inclined to entertain this writ petition seeking some standard form of documents to permit cash to be carried. We are informed that the Election Commission videographs the process of seizure of cash and if there is any specific complaint, a request is made for release and after due verification, the Election Commission is acting in those matters.

3. The writ petition accordingly stands dismissed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ksr To

1. Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi.

2.The Chief Electoral Officer, Election Commission of India, Fort St.George, Chennai 600 009.

3.The Secretary, Home Department, Fort St.George, Chennai 600 009.

4.The District Election Officer and District Collector, Salem, Salem District.

+1cc to Mr.R.Hemalatha, Advocate, S.R.No.26930 +1cc to the Government Pleader, S.R.No.27081 AD(CO) EU(11/05/2016) W.P.No.16227 of 2016