Madras High CourtWP/13001/2019dismissed for not pressed

Su.Venkatesan v. Election Commission Of India

2020-01-29Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Writ Petition No.13001 of 2019 and WMP.Nos.13156 & 15431 of 2019 Su.Venkatesan

...Petitioner

1. Election Commission of India, Rep.by the Chief Election Commissioner, Nirvachan Sadan, New Delhi.

2. The Chief Electoral Officer of Tamil Nadu Secretary to Government, Public (Election) Department, Fort St.George, Chennai - 9.

3. The Government of Tamil Nadu Rep.by its Chief Secretary, Secretariat, Fort St.George, Chennai - 9.

4. The Director General of Police (Election) Government of Tamil Nadu, Mylapore, Chennai - 4.

5. Dr.S.Natarajan Returning Officer, No.32, Madurai Parliamentary Constituency, cum District Electoral Officer, Madurai, cum District Collector, Madurai, District Collectorate,

6. Commissioner of Police, Madurai City,

7. Samboornam Tahsildar (under suspension) O/o.District Collector,

8. M.Rajasekaran.

(R8 impleaded vide order dated 30.04.2019 made in WMP.No.13725 of 2019 in W.P.No.13001 of 2019 by SMKJ and SPJ) .. Respondents/Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to constitute a 'Special Investigation Team' headed by an officer not below the rank of the Principal Secretary to the Election Commission of India to conduct enquiry, under its direct supervision, as to the issue of unlawful entry of 7th respondent and her team into the counting centre viz., Madurai Medical College for No.32, Madurai Parliamentary Constituency and to take necessary action to bring the culprits into book in accordance with law within a reasonable period to be fixed by this Court.

For Petitioner :

M/s.Stalin Abhimanyu For Respondents:

Mr.Niranjan Rajagopalan for R1 & R2 Mr.V.Shanmuga Sundar Special Govt.Pleader for R3, R4 & R6 Mr.AR.L.Sundaresan, Senior Counsel for Mr.A.L.Ganthimathi for R5 Mr.V.Raghavachari for Mr.P.Vijendran for R8 No appearance for R7

O R D E R

[Order was delivered by R.SUBBIAH,J] At the hearing, the learned counsel for the writ petitioner made the following endorsement:

"In view of the enquiry being conducted by the first

respondent, I do not press the prayer in the present writ petition"

2. Recording the aforesaid endorsement made by the learned counsel for the writ petitioner, this writ petition is dismissed as not pressed. No costs. Consequently connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To