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Madras High CourtWP(MD)/9946/2024disposed of

Sasikumar(M47/2024) v. The Union Government Of India

2024-04-25Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ Sasikumar .. Petitioner Vs 1.The Union Government of India, by its Principal Secretary, Home Department, New Delhi.

2.The Chief Election Commissioner, New Delhi.

3.The Election Commissioner, No.208/2, Jawaharlal Nehru Salai, (Opp. to Koyambedu Bus Terminus) Arumbakkam, Chennai-600 106.

4.The Chief Secretary, Government of Tamil Nadu, Chennai.

5.The Director General of Police, Kamarajar Salai, Chennai.

6.The District Collector, Virudhunagar District, Virudhunagar.

7.The Superintendent of Police,

Office of the Superintendent of Police, Virudhunagar.

8.Manickam Tagore, National Secretary, Indian National Congress, No.20, Pirunthavanam Street, Near Seethalakshmi School, Thirunagar, Madurai-625 006.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the second and third respondents to disqualify the nomination of respondent No.8 candidate of Virudhunagar assembly constituencies as they have paid money or gift to the voters against the election laws and rules and debar them permanently from contesting any election in Tamilnadu based on the representation dated 15.4.2024 within the time stipulated by this Court.

For the Petitioner : Mr.Dinesh for M/s.C.Bharathiraja For the Respondents : Mr.Niranjan Rajagopal for respondent Nos.1 and 2 : Mr.S.Siva Shanmugam for respondent No.3 : Mr.J.Ravindran Addl. Advocate-General assisted by Mr.Habeeb Rahman Government Advocate for respondent Nos.4 to 7

ORDER

(Order of the Court was made by R.MAHADEVAN,J.) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing respondents 2 and 3 to disqualify the nomination of the eighth respondent, candidate of Virudhunagar Assembly Constituency, as the eighth respondent and his party members had involved in distribution of money and/or gifts to the voters in violation of the election laws and rules and debar him permanently from contesting in any election in Tamil Nadu by considering the representation of the petitioner dated 15.4.2024.

2. Mr.Niranjan Rajagopal, learned Standing Counsel, who accepts notice on behalf of respondents 1 and 2, on instructions, submitted that the issue raised in the instant writ petition has already been considered by the competent authority. In any event, he submitted that the representation of the petitioner dated 15.4.2024 would be disposed of in a week's time. The said submission is taken on record.

3. In view of the submission made by learned Standing Counsel

for respondents 1 and 2, no further orders are required to be passed in this writ petition. The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.(MD) No.8999 of 2024 is closed.

(R.M.D., J.) (M.S.Q., J.) 25.04.2024 Index :

Yes/No Yes/No bbr To 1.The Principal Secretary, Union Government of India, Home Department, New Delhi.

2.The Chief Election Commissioner, New Delhi.

3.The Election Commissioner, No.208/2, Jawaharlal Nehru Salai, (Opp. to Koyambedu Bus Terminus) Arumbakkam, Chennai-600 106.

4.The Chief Secretary, Government of Tamil Nadu, Chennai.

5.The Director General of Police, Kamarajar Salai,

Chennai.

6.The District Collector, Virudhunagar District, Virudhunagar.

7.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar.

R.MAHADEVAN,J.

AND MOHAMMED SHAFFIQ,J.

bbr 25.04.2024