Vishnuraj B.E. v. The Chief Election Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.05.2019

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN And THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.14552 of 2019 And W.M.P.No.14532 of 2019 Vishnu Raj ... Petitioner Vs.

1.The Chief Election Officer Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The District Election Officer, Office of District Collector, Ariyalur, Ariyalur District.

3.The Inspector of Police, Sendurai Police Station, Ariyalur District.

... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 7.5.2019 by holding repolling in Booth No.281, Ponparappi Village, Kunnan Assembly Constituency, Chidambaram Parliamentary Constituency in accordance with law to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.Niranjan Rajagopal

O R D E R

(Order of the Court was delivered by C.V.KARTHIKEYAN,J.) This writ petition has been filed seeking issuance of Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 07.05.2019 by holding repolling in Booth No.281, Ponparappi Village, Kunnan Assembly Constituency, Chidambaram Parliamentary Constituency in accordance with law.

2.It appears that the writ petitioner has given representation dated 22.04.2019 to the Chief Election Officer and it is the grievance of the writ petitioner that no action has been taken or the representation has not been disposed of. Subsequently, another representation dated 07.05.2019 has also been given.

3.The entire issue arise out of the incident during the elections on 18.04.2019 in Booth No.281, Ponparappi Government School, Ponparappi Village, which constitutes 678 voters and which comes under the Kunnan Assembly Constituency. The First Information Report has been registered with respect to the said incident. 4.We are not examining the virus of the said complaint or the First Information Report since that is under the active consideration of the Police Authorities. However, it is imperative on the part of the respondents 1 and 2 to pass any considered order on the representation given by the writ petitioner.

5.The learned counsel for the writ petitioner stated that they have additional material to substantiate their allegations. If there are some additional material, they may forward the same to the respondents 1 and 2 after explaining the reason why they have not submitted the said additional material at the earlier point of time. On receipt of any additional material, the respondents 1 and 2 are directed to pass necessary orders on or before 21.05.2019.

6.With the above said observations, the writ petition itself is disposed of. No costs. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pri/rpl To 1.The Chief Election Officer Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The District Election Officer, Office of District Collector, Ariyalur, Ariyalur District.

3.The Inspector of Police, Sendurai Police Station, Ariyalur District.

+1cc to Mr.G.R.Associates , Advocate SR.No. 4765 +1cc to Mr.R.Sankarasubbu , Advocate SR.No. 43865 W.P.No.14552 of 2019 And W.M.P.No.14532 of 2019 A.SK(16/05/2019)