Marumalarchi Makkal Iyakkam,Covai, v. Election Commission Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Marumalarchi Makkal Iyakkam, Covai rep. by its President V.Eswaran, 40/3, Sengappa Konar Street, Kurichi, Sundarapuram, Coimbatore-641 024.
.. Petitioner Vs 1.Election Commission of India, rep. by its Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi-110 001.
2.The Chief Electoral Officer, Tamil Nadu, Public (Elections) Department, Secretariat, Fort St. George, Chennai-600 009.
3.The District Election Officer/District Collector, Coimbatore Parliamentary Constituency, Collectorate, Coimbatore.
4.The Assistant Electoral Officer, 120 Coimbatore South Legislative Assembly Coming within 20 Coimbatore Parliamentary Constituency and Deputy Commissioner, Coimbatore Corporation, Coimbatore.
5.The Commissioner of Police, Office of the Commissioner of Police, Coimbatore-641 018.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records of order in Na.Ka.No.7024/2023/Election signed on 26.03.2024 on the file 4th respondent and quash the same and consequently direct the respondents 3 and 4 to grant permission to the petitioner to observe hunger strike at Sivanandha Colony from 8.4.2024 to 12.4.2024 by considering the petitioner's representation dated 2.4.2024.
For the Petitioner : Mr.N.Ponraj For the Respondents : Mr.Niranjan Rajagopalan Standing Counsel for respondents 1 to 4 : Mr.R.Muniyapparaj Addl. Public Prosecutor assisted by Mr.Sylvester John for respondent No.5
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.N.Ponraj, learned counsel for the petitioner; Mr.Niranjan Rajagopalan, learned Standing Counsel for respondents 1 to 4; and, Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by Mr.Sylvester John, learned counsel for the fifth respondent.
2. Learned counsel for the petitioner submits that permission is not granted to the petitioner to observe the hunger strike.
3. Learned Standing Counsel for respondents 1 to 4 submits that permission has been granted to the petitioner to observe the hunger strike on 11.04.2024, by imposing certain conditions.
4. As permission has already been granted to the petitioner to observe hunger strike with certain conditions, the grievance of the petitioner that the respondent authorities have rejected the permission would not subsist.
5. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index :
Yes/No :
Yes/No bbr To 1.The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001.
2.The Chief Electoral Officer, Tamil Nadu, Public (Elections) Department, Secretariat, Fort St. George, Chennai-600 009.
3.The District Election Officer/District Collector, Coimbatore Parliamentary Constituency, Collectorate, Coimbatore.
4.The Assistant Electoral Officer, 120 Coimbatore South Legislative Assembly Coming within 20 Coimbatore Parliamentary Constituency and Deputy Commissioner, Coimbatore Corporation, Coimbatore.
5.The Commissioner of Police, Office of the Commissioner of Police, Coimbatore-641 018.
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.
bbr 08.04.2024