C.M.Raghavan v. The Chief Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD C.M.Raghavan .. Petitioner Vs 1.The Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi-110 001.

2.The Chief Electoral Officer, Secretariat, Fort St. George, Chennai-600 009.

3.I.C.Robert Bruce 4.Nainar Nagenthiran .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 and 2 to dispose of petitioner's representation dated 7.4.2024. For the Petitioner : Mr.A.Immanuel For the Respondents : Mr.G.Niranjan Rajagopal for respondents 1 and 2

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.A.Immanuel, learned counsel for the petitioner; and, Mr.G.Niranjan Rajagopal, learned counsel for respondents 1 and 2.

2. Learned counsel for the petitioner submits that the petitioner is contesting as an independent candidate in the ensuing Lok Sabha elections from No.38, Tirunelveli Parliamentary Constituency. During the period after the Model Code of Conduct was imposed, malpractices have been noticed and an amount of Rs.28.50 lakh was seized from the office of the Tirunelveli East District DMK Secretary meant for disbursement to voters. An amount of Rs.3.99 crore was recovered from three associates of a BJP candidate. The petitioner has given a representation to respondents 1 and 2 on 7.4.2024, however, no action has been taken.

3. Learned Standing Counsel appearing on behalf of respondents 1 and 2 submits that as far as the incident of recovery

of Rs.3.99 Crore is concerned, a criminal case is already lodged, bearing Crime No.177 of 2024 on the file of T1, Tambaram Police Station, and the investigation is in progress. Considering the huge amount involved, the Income Tax Department is also intimated. The further action would depend upon the investigation report.

4. Learned Standing Counsel further submits that respondents 1 and 2 are seized of the matter with regard to the other incident of seizure of Rs.28.50 lakh. Respondents 1 and 2 will look into the said issue and appropriate steps would be undertaken. In view of the said statement made by learned Standing Counsel for respondents 1 and 2, no further orders are required to be passed in the writ petition. The writ petition is disposed of accordingly. There shall be no order as to costs. (S.V.G., CJ.) (J.S.N.P., J.) 18.04.2024 Index :

Yes/No Yes/No sasi

To:

1.The Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi-110 001.

2.The Chief Electoral Officer, Secretariat, Fort St. George, Chennai-600 009.

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

(sasi) 18.04.2024