M/S.Sri Hari Digital Ventures Private Limited v. The Chief Election Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M/s.Sri Hari Digital Ventures Pvt. Ltd.
[Chanakyaa Digital TV] Rep. by its Director Shri. R.Rangaraj Pandey Son of Ragunathaachaaryaa R Having its Registered Office at No.44, Kamakshi Arcade, Mahadevan Street West Mambalam, Chennai - 600 033.
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Petitioner Vs.
1. The Chief Election Officer Public Elections Department Secretariat, Fort St. George Chennai - 600 009.
2. The District Election Officer The District Collector, Coimbatore Coimbatore - 18.
3. The Inspector of Police E-2, Police Station, Peelamedu Coimbatore - 04.
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Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 2nd respondent to sanction permission for conducting the debate under the topic "Kalam 2024" scheduled to be conducted on 07.04.2024 at Suguna Auditorium, Nehru Nagar, Coimbatore - 641 014 and consequently direct the 3rd respondent to afford police protection for the petitioner's event. For the Petitioner : Mr.V.Raghavachari Senior Counsel for Ms.V.Srimathi For the Respondents : Mr.Niranjan Rajagopal Standing Counsel for R1 and R2 Mr.R.Muniyapparaj Additional Public Prosecutor for R3
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.V.Raghavachari, learned Senior Counsel appearing for Ms.V.Srimathi, learned counsel for the petitioner, Mr.Niranjan Rajagopal, learned Standing Counsel appearing for respondents 1 and 2 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for respondent 3.
2. Learned Senior Counsel appearing for the petitioner submits that permission was sought for conducting a debate under the topic "Kalam 2024". The same is to be conducted on 07.04.2024. The said application seeking permission was given on 01.04.2024, but the same is not yet decided.
3. Learned Standing Counsel appearing for respondents 1 and 2 submits that yesterday evening (i.e., on 04.04.2024), the application given by the petitioner was rejected. A copy of the same is handed over just now to the learned Senior Counsel appearing for the petitioner.
4. It is submitted that there is a remedy of appeal, however, the remedy of appeal would not be available as the District Collector is the District Election Officer, who has rejected the application filed by the petitioner.
5. Learned Standing Counsel for respondents 1 and 2 further submits that the petitioner may make a representation today (i.e.,
05.04.2024) through respondent 1, which would be transmitted to the Election Commission of India and the same would be decided today itself.
6. The petitioner does not have the time to amend the present petition and challenge the order rejecting the application of the petitioner and take further course of action. In view of that, the petitioner may apply to the Election Commission of India through respondent 1 within one hour and the same shall be decided by the Election Commission of India, as contended by learned Standing Counsel for respondents 1 and 2, by 05.00 pm today (i.e., 05.04.2024).
7. In light of the above, the present writ petition stands disposed of. There shall be no orders as to costs. Consequently, W.M.P.No.10754 of 2024 is closed.
(S.V.G., CJ.) (J.S.N.P., J.) 05.04.2024 Index :
Yes/No :
Yes/No drm
To
1. The Chief Election Officer Public Elections Department Secretariat, Fort St. George Chennai - 600 009.
2. The District Election Officer The District Collector, Coimbatore Coimbatore - 18.
3. The Inspector of Police E-2, Police Station, Peelamedu Coimbatore - 04.
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.
(drm) 05.04.2024