G. Nehru Alias Kuppusamy, Mla v. Election Commission Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2026 CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.12047 of 2026 G.Nehru alias Kuppusamy, MLA S/o.Gopalasamy, Orleampeth (Puducherry) Assembly Constituency, President, Neyam Makkal Kazhagam, Plot No.24, Vasuki Nagar, New Iyyanar Koil Street, Kuyavarpalayam, Puducherry-605 013.
Petitioner(s) Vs
1. Election Commission of India Rep. by its Director, Nirvachan Sadan, Ashoka Road, New Delhi-110001.
2. The Chief Electoral Officer, Puducherry Office of the Chief Electoral Officer Villianur Main Road, Lawsthottam Reddiarpalayam, Puducherry - 605010.
3. The District Election Officer (DEO), Puducherry District (Through the District Collector, Puducherry) Office of the District Election Officer /District Collector Collectorate Complex, Puducherry District Collectorate Puducherry - 605001.
4. The Returning Officer 9 - Thattanchavady Assembly Constituency Office of the District Election Officer Puducherry District Collectorate Puducherry - 605001.
5. The Returning Officer 16 - Orleampeth Assembly Constituency Office of the District Election Officer Puducherry District Collectorate Puducherry - 605001.
Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing Respondent No.1 - Election Commission of India and Respondent No.2 (Chief Electoral Officer, Puducherry) to permit the candidates set up by the petitioner, who have filed their nominations as independent candidates due to the delayed grant of party registration, to be treated as candidates of the petitioner party for the limited purpose of symbol allotment and consequentially to issue a further direction to the respondents to allot a common symbol to all such candidates under provisions of the Election Symbols (Reservation and Allotment) Order, 1968 in view of the exceptional and bona fide circumstances arising from the delayed issuance of the Party Registration Certificate and consequentially to direct Respondents No. 3 to 5 (District Election Officer and Returning
Officers concerned) to give effect to such common symbol allotment and not treat the candidates as unrelated independent candidates for the purpose of symbol allocation.
For Petitioner(s):
Mr. P.V.Balasubramanian Senior Counsel for Mr. K.M.C.Arunmokan For Respondent(s):Mr. Tarun Rao Kallakuru
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) After arguing for some time, learned Senior Counsel for the petitioner sought leave of the court to withdraw the writ petition with liberty to work out the remedy in accordance with law. In view of the said submission, the writ petition is dismissed as withdrawn, with the aforesaid liberty. There shall be no order as to costs.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 26.03.2026 Index :
Yes/No :
Yes/No sasi
To:
1. The Director, Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi-110001.
2. The Chief Electoral Officer, Puducherry Office of the Chief Electoral Officer Villianur Main Road, Lawsthottam Reddiarpalayam, Puducherry - 605010.
3. The District Election Officer (DEO), Puducherry District (Through the District Collector, Puducherry) Office of the District Election Officer /District Collector Collectorate Complex, Puducherry District Collectorate Puducherry - 605001.
4. The Returning Officer 9 - Thattanchavady Assembly Constituency Office of the District Election Officer Puducherry District Collectorate Puducherry - 605001.
5. The Returning Officer 16 - Orleampeth Assembly Constituency Office of the District Election Officer Puducherry District Collectorate Puducherry - 605001.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
(sasi) WP No.12047 of 2026 26.03.2026