M.Ramachandran, 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.Ramachandran : Petitioner versus 1.The Chief Electoral Officer, Public Elections Department, Secretariat, Fort St.George, Chennai 600 009 2.The Assistant Electoral Officer, and Asst. Commissioner (Urban Revenue) 116-Sulur Assembly Constituency cum Coimbatore Lok Sabha Constituency Coimbatore 18 3.The Inspector of Police, R-4, Police Station, Sulur, Coimbatore 641 402 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling the records of the second respondent in Na.Ka.No.42/2024/A4, dated 04.04.2024 and quash the same as illegal, incompetent and wholly without jurisdiction and further direct the third respondent to afford police protection to the meeting conducted by the petitioner at Dr.R.C.Ananthi Mahal, Sulur, Coimbatore, scheduled on 05.04.2024 between 6 pm to 10 pm.

For Petitioner :

Mr.Avinash Wadhwani For Respondents 1, 2 :

Mr.Niranjan Rajagoplan, Standing Counsel For Respondent No.3 :

Mr.R.Muniyapparaj, Additional Public Prosecutor

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Avinash Wadhwani, learned counsel for the petitioner, Mr.Niranjan Rajagoplan, learned Standing Counsel for respondents 1 and 2 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for the third respondent.

2. Permission was sought by the petitioner to hold a meeting at Dr.R.C.Ananthi Mahal, Sulur, Coimbatore. The meeting was scheduled to be held on 05.04.2024 between 6 pm and 10 pm.

3. It is submitted that the impugned order is passed on wholly untenable grounds.

4. Learned Standing Counsel for respondents 1 and 2 submits that the petitioner had yesterday evening given an application for reconsideration and the same is under reconsideration.

5. Learned counsel for the petitioner submits that the event which was to be held today from 6 pm to 10 pm could be held by the petitioner tomorrow, i.e. 06.04.2024, from 2 pm to 4 pm.

6. The second respondent District Collector/Returning Officer, shall consider the said representation and pass orders by 12 noon tomorrow i.e. 06.04.2024.

7. The writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP No.10926 of 2024 is closed. (S.V.G., CJ.) (J.S.N.P., J.) 05.04.2024 Index : Yes/No : Yes/No tar

To 1.The Chief Electoral Officer, Public Elections Department, Secretariat, Fort St.George, Chennai 600 009 2.The Assistant Electoral Officer, and Asst. Commissioner (Urban Revenue) 116-Sulur Assembly Constituency cum Coimbatore Lok Sabha Constituency Coimbatore 18 3.The Inspector of Police, R-4, Police Station, Sulur, Coimbatore 641 402

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(tar) 05.04.2024