A.Sabapathy v. Election Commission Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.14302 of 2021 A.Sabapathy
...Petitioner
-vs1 Election commission of India Nirvachan Sadan, Ashoka Road, New Dehi 110 001.
2 Tamil Nadu State Election Commission, No. 208/2, Jawaharlal Nehru Road, OPP. CMBT Arumbakkam, Chennai 600 106.
3 The Additional Chief Secretary, Chief Election Officer, General (Election) Department, Secretariat Chennai 600 009.
4 The District Collector District Election Officer, Dindigul, Dindigul District.
5 The Returning Officer, (District Adi Dravidar and Tribal Welfare Officer, Dindigul), 131 Natham Constituency, Dindigul District.
6 R.Viswanathan
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to take action against the 6th respondent pursuant to the representation of the petitioner dated 06.02.2021 within a stipulated period fixed by this Hon'ble Court.
For Petitioner :
Mr.V.Illanchezian For Respondents :
Mr.G.Rajagopalan, Senior Counsel for M/s.G.R.Associates, for respondents 1to3 Mr.P.Muthukumar Counsel for State, for respondents 4 and 5 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) The petitioner complains of the perceived false declaration or false information furnished by one of the candidates at the recent State Assembly election.
2. However, it appears that the complaint or the representation has been made to the State Election Commission and not to the Election Commission of India which has exclusive authority to conduct Parliamentary and Assembly elections.
3. Mr.G.Rajagopalan, learned Senior Advocate, appearing for the Election Commission, takes notice and says that if a representation is made to the Election Commission of India, in view of a recent circular, the Election Commission will take appropriate steps in accordance with law.
4. Accordingly, W.P.No.14302 of 2021 is disposed of by permitting the petitioner to carry a detailed representation as to the perceived misdeclaration or false information furnished by the relevant candidate within four weeks from date. The Election Commission, no doubt, will afford the relevant candidate an opportunity of hearing before taking a prima facie view and proceed to take further steps or close the matter in accordance with law.
There will be no order as to costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sra
To:
1 Election commission of India Nirvachan Sadan, Ashoka Road, New Dehi 110 001.
2 Tamil Nadu State Election Commission, No. 208/2, Jawaharlal Nehru Road, OPP. CMBT Arumbakkam, Chennai 600 106.
3 The Additional Chief Secretary, Chief Election Officer, General (Election) Department, Secretariat Chennai 600 009.
4 The District Collector District Election Officer, Dindigul, Dindigul District.
5 The Returning Officer, (District Adi Dravidar and Tribal Welfare Officer, Dindigul), 131 Natham Constituency, Dindigul District.
+1cc to M/S.G.R.Associates, S.R.No.33238 W.P.No.14302 of 2021 PM(CO) SU(15/07/2021)