M.Baskaran v. The Election Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.18284 of 2016 and W.M.P.No.15996 of 2016 M.Baskaran .. Petitioner -vs1.The Election Commissioner of India, Nirvachan Sadan, Ashoka Road, New Delhi.

2.The Chief Electoral Officer, Public (Elections) Department, Govt. of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.

3.The District Electoral Officer cum District Collector, Karur District, Karur.

4.The Returning Officer, Aravakurichi Assembly Constituency, Tahsildar Office, Aravakurichi, Karur District.

5.K.C.Pallanishamy 6.V.Senthilbalaji 7.V.Pukkarandi 8.G.Aravind 9.G.Kalaiyarasan 10.V.Subramani 11.R.Natarajan 12.C.S.Prabhu 13.M.Mariappan 14.R.Mohammed Mirza 15.P.Rajeshkumar 16.R.Kannan(Independent) 17.M.Karthikeyan 18.S.Krishnamoorthy (Independent) 19.M.Sasikumar (Independent)

20.S.Sambath 21.M.Sundareswaran (Independent) 22.N.Senthilkumar 23.T.M.Syed Abuthahir (Independent) 24.A.Thamizhalagan (Independent) 25.K.Dasaprakash (Independent) 26.V.Thirukumar (Independent) 27.Noiyal Ma.Ramasamy(Independent) 28.K.Palanichamy (Independent) 29.P.Palanichamy (Independent) 30.K.Balasubramani 31.P.Baskar 32.T.Pitchaimuthu 33.T.Prabakaran 34.K.Magudeeswaran 35.R.Manivasagam 36.G.Muthukumar 37.C.P.Ravi 38.M.Vigneshwaran 39.T.Veeramani ..

Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 4 to conduct a thorough enquiry by giving an opportunity of hearing to all the candidates including this petitioner and the voters of the 134-Aravakurichi Assembly Constituency, about the serious allegations of bribe given to voters; in pursuance to the observations made by the 1st respondent itself in its proceedings No.464/TNLA/2016 dated 14.05.2016 and consequently to conduct a fresh election in the 134-Aravakurichi Assembly Constituency baring the disqualified candidates if they are proven to have indulged in giving bribe to voters.

For Petitioner :

Mr.M.Purushothaman For Respondents :

Mr.Niranjan Rajagopalan for M/s.G.R. Associates

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The Election Commission of India is already in seizin of the dispute and in fact, has taken necessary action and continues to take further action.

2.Learned counsel for the petitioner, however, states that steps should be taken for disqualification of candidates who have been found using enormous money.

3.Learned counsel for the Election Commission states that the provisions of law may be inadequate in this behalf and the Election Commission will explore the issue and see if some recommendations have to be made for necessary changes in law. 4.Writ petition stands disposed of in terms thereof. No costs. Consequently, W.M.P.No.15996 of 2016 stands closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sra To 1.The Election Commissioner of India, Nirvachan Sadan, Ashoka Road, New Delhi.

2.The Chief Electoral Officer, Public (Elections) Department, Govt. of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.

3.The District Electoral Officer cum District Collector, Karur District, Karur.

4.The Returning Officer, Aravakurichi Assembly Constituency, Tahsildar Office, Aravakurichi, Karur District.

+ 3 ccs to Mr.M. Purushothaman, Advocate SR.28680 + 3 ccs to Mr. of Mr.M. Purushothaman, Advocate Sr.29040 + 1 cc to M/s. G.R. Associates, Advocate Sr.29115 W.P.No.18284 of 2016 UG(CO) EU 10.06.16