Adv. R.Prakasam v. The Election Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ ADV. R.PRAKASAM .. Petitioner Vs 1 THE ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA TAMIL NADU STATE ELECTION COMMISSION 208/2, JAWAHARLAL NEHRU ROAD OPP. TO CMBT, ARUMBAKKAM CHENNAI - 600 106.
2 THE CHAIRMAN SCHEDULED TRIBE CASTE CERTIFICATE COMMITTEE MEMBER OF SECRETARIES SECRETARIAT, CHENNAI - 600 009.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to pay back election deposit money in the SB A/c No.1598101028052, Rs.12,500/-, Canara Bank, K.Pudur, Madurai.
For the Petitioner : Mr.R.Prakasam Appearing-in-person For the Respondents : Mr.Niranjan Rajagopalan for 1st respondent : Mr.A.Edwin Prabakar State Government Pleader for 2nd respondent
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner, appearing in person, submits that though his nomination as an independent candidate from Madurai Constituency No.32 for Lok Sabha Election was rejected owing to non-submission of the community certificate, till date the amount of Rs.12,500/- paid by the petitioner towards election deposit has not been refunded. Hence, the present writ petition is filed seeking issuance of a writ of mandamus commanding the first respondent to refund the election deposit money to his SB A/c No.1598101028052 with the Canara Bank, K.Pudur, Madurai.
2. Learned counsel appearing on behalf of the first respondent submitted that the application for refund of deposit has to be made as per the format prescribed in Annexure-39 and if the petitioner submits the application in the prescribed format, the first respondent shall consider the same in accordance with law.
3. At this juncture, the petitioner, appearing in person, proponed that he would submit the application to the authority concerned in the format prescribed within one week. In the light of the aforesaid submissions, the writ petition is disposed of with a direction to the petitioner to submit the application for refund in the prescribed format, i.e., Annexure-39, within one week from the date of receipt of a copy of this order and, on such application being filed, the first respondent is directed to process the same in accordance with law and pass appropriate orders within two weeks thereafter. There shall be no order as to costs. Consequently, W.M.P.No.14411 of 2024 is closed. In view of the disposal of the writ petition, no further orders are required to be
passed in W.M.P.No.14767 of 2024 seeking impleadment. Accordingly, W.M.P.No.14767 of 2024 stands closed. (R.M.D., ACJ.) (M.S.Q., J.) 02.07.2024 Index :
Yes/No NC :
Yes/No sasi To:
1 THE ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA TAMIL NADU STATE ELECTION COMMISSION 208/2, JAWAHARLAL NEHRU ROAD OPP. TO CMBT, ARUMBAKKAM CHENNAI - 600 106.
2 THE CHAIRMAN SCHEDULED TRIBE CASTE CERTIFICATE COMMITTEE MEMBER OF SECRETARIES SECRETARIAT, CHENNAI - 600 009.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(sasi) 02.07.2024