V.Senthil Balaji, v. The Chief Election Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22/4/2019 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.(MD)No.9156 of 2019 V. Senthil Balaji ...
Petitioner Vs
1. The Chief Election Commissioner Election Commission of India New Delhi.
2. The Tamil Nadu State Chief Election Commissioner Office of the Chief Election Commissioner Secretariat Fort St. George Chennai 600 009.
3. The Returning Officer 23 Karur Parliamentary Constituency Karur District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of mandamus directing the respondents 1 and 2 to take immediate action against the third respondent based on my representation dated 11/4/2019. For Petitioner ...
Mr.S.Kumaravel for Mr.M.Bindran For respondents ...
Mr.Niranjan Rajagopalan assisted by Ms.G.Janane for M/s.G.R.Associates - - - - -
O R D E R
(Order of this Court was made by S.MANIKUMAR, J.) Contending inter alia that on the petitioner's request, for holding a meeting, on 8/4/2019 and 9/4/2019, the Returning
Officer, 23 Karur Parliamentary Constituency, Karur District, third respondent, in a biased manner has refused to grant permission, petitioner made a representation, dated 11/4/2019, to the Chief Election Commissioner, Election Commission of India, New Delhi and the Tamil Nadu State Chief Election Commissioner, Office of the Chief Election Commissioner, Secretariat, Chennai, respondents 1 and 2 respectively, seeking action against the third respondent.
Since the said representation is still pending, petitioner has sought for a writ of mandamus, directing the Chief Election Commissioner, Election Commission of India, New Delhi and the Tamil Nadu State Chief Election Commissioner, Office of the Chief Election Commissioner, Chennai, respondents 1 and 2 respectively, to take action against the third respondent, based on the petitioner's representation, dated 11/4/2019.
2. Heard Mr.S.Kumaravel, learned counsel for the petitioner and Ms.Janane learned counsel for the respondents and perused the materials available on record.
3. Representation is to take action against the third respondent, who according to the petitioner has refused to grant permission, to conduct meeting on 8/4/2019 and 9/4/2019, respectively. Election is over on 18/4/2019. A direction to be issued to the respondents 1 and 2, to take action, at this juncture, on the representation, dated 11/4/2019, as to why permission was not given, is only academic. No useful purpose would be served in issuing such a mandamus.
4. Accordingly, the instant writ petition is dismissed. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar mvs.
To
1. The Chief Election Commissioner Election Commission of India New Delhi.
2. The Tamil Nadu State Chief Election Commissioner Office of the Chief Election Commissioner Secretariat Fort St. George Chennai 600 009.
3. The Returning Officer 23 Karur Parliamentary Constituency Karur District.
+1 cc to M/s.G.R.Associates, Advocate, S.R.No.38503 Writ Petition (MD) No.9156 of 2019 SJ(CO) SSM(23/04/2019).