Arasakalai, v. Election Commission Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2016 C O R A M THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE DR.JUSTICE S.VIMALA Writ Petition No. 17252 of 2016 Arasakalai ... Petitioner -Vs1. Election Commission of India Nirvachan Sadan Ashoka Road New Delhi-1.

2. The Chief Electoral Officer Fort St.George Chennai-9.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents to constitute a Special Investigation Team (SIT) comprising Non-State Officials such as the Central Bureau of Investigation (CBI) to investigate, the source and quantum of money deployed for electoral bribery for the 16.05.2016 Tamilnadu Assembly Election, and the cover-up by the raiding party involved in joint raids at Karur District on 22.04.2016, and consequently direct the respondents to file a report to this Court, on the steps taken to prevent bribery of the electorate vis-a-vis the various seizures.

For petitioner : Mr.S.Vijayakumar

O R D E R

(Order of the Court was made by K.K.SASIDHARAN,J) By consent, the Writ Petition is taken up for final disposal during the time of admission itself.

2. Heard Mr.S.Vijayakumar, the learned counsel appearing for the petitioner.

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3. The petitioner has come up with this Public Interest Litigation (PIL) on the ground that the investigation by the respondents with regard to seizure of money, on 22.04.2016, at Karur, is not proceeding in a right direction. The petitioner, therefore, wanted the investigation to be conducted by a Special Investigation Team comprising Non-State Officials and the Central Bureau of Investigation (CBI).

4. Even as per the affidavit filed in support of the Writ Petition, the Income Tax Department is now seized of the matter. The petitioner has not demonstrated that the respondents are not conducting the investigation in a fair manner. The petitioner, being an Office Bearer, of a political party has come up with this Writ Petition, without a valid ground.

5. We do not find any reason to entrust the matter with the Special Investigation Team.

6. The Writ Petition is dismissed. No costs. Sd/- Vacation Officer //True Copy// Sub Assistant Registrar paa To

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

2. The Chief Electoral Officer Fort St.George Chennai-9.

+1cc to Mr.S.Vijayakumar, Advocate, S.R.No.28078 +1cc to Mr.G.R.Associates, Advocate, S.R.No.28140 Writ Petition No. 17252 of 2016 PA(CO) CA(09/05/2016) https://hcservices.ecourts.gov.in/hcservices/