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Madras High CourtWP/35214/2015dismissed

M.Loganathan v. The Election Commission Of

2015-11-02Honourable The Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana9 pages

IN T HE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.11.2015 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P. No.35214 of 2015 and M.P.No.1 of 2015 M.Loganathan .. Petitioner -vs1.The Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi.

2.Chief Electoral Officer, Public (Election) Department, Secretariat, Fort St. George, Chennai - 600 009.

3.The District Election Officer & District Collector, Salem District, Salem.

4.The District Election Officer & District Collector, Dindigul District, Dindigul.

5.The District Election Officer & District Collector, Tiruppur District, Tiruppur.

6.The District Election Officer & District Collector, Ariyalur District, Ariyalur.

7.The District Election Officer & District Collector, Perambalur District, Perambalur.

8.The District Election Officer & District Collector, Thiruchirappalli District, Thiruchirappalli.

9.The District Election Officer & District Collector Vellore District Vellore 10.The District Election Officer & District Collector Thiruvannamalai District Thiruvannamalai 11.The District Election Officer & District Collector Karur District Karur 12.The District Election Officer & District Collector Pudukkottai District Pudukkottai 13.The District Election Officer & District Collector Dharmapuri District Dharmapuri 14.The District Election Officer & District Collector Sivagangai District Sivagangai 15.The District Election Officer & District Collector Nilgiris District Nilgiris 16.The District Election Officer & District Collector Tuticorin District Tuticorin 17 The District Election Officer & District Collector Kanchipuram District Kanchipuram 18 The District Election Officer & District Collector Madurai District Madurai 19 The District Election Officer & District Collector Krishnagiri District Krishnagiri 20 The District Election Officer & District Collector Namakkal District Namakkal 21 The District Election Officer & District Collector Coimbatore District Coimbatore

22 The District Election Officer & District Collector Villupuram District Villupuram 23 The District Election Officer & District Collector Nagapattinam District Nagapattinam 24 The District Election Officer & District Collector Tanjavur District Tanjavur 25 The District Election Officer & District Collector Thiruvaarur District Thiruvaarur 26 The District Election Officer & District Collector Theni District Theni 27 The District Election Officer & District Collector Trichy (City) Trichy 28 The District Election Officer & District Collector Salem (City) Salem 29 The District Election Officer & District Collector Erode District Erode 30 The District Election Officer & District Collector Kanniyakumari District Kanniyakumari.

31.V.Jayachandran 32.R.Prakash 33.M.John 34.S.Chokkalingam 35.M.Pachaimuthu 36.S.Jayapaul 37.G.Ramamurthy 38.S.Nagaraj, M.C.

39.P.Pandiyan 40.B.Jahir Shah 41.M.Rajendran 42.M.Pachamuthu 43.A.Jahahagir 44.P.Muthupal 45.C.Mookkan 46.M.Vadivelu 47.M.Rajkumar 48.Murthy

49.Murthy 50.D.Veerappan 51.A.Lakshmanan 52.J.Govindasamy 53.Girija 54.A.Deepan Charlas 55.B.Vedhaiyan 56.S.Krishnamurthy 57.V.Sekar 58.M.Sridhar 59.K.Sunmunam 60.A.Kannadasan 61.S.Suresh 62.V.Panneerselvam 63.K.Thangavel 64.V.Selvarasu 65.V.Nanjappan 66.N.Rajendran 67.S.Vishnupriya 68.V.Selvakumar 69.L.Mathialagan 70.G.Senthilkumar 71.L.Soundarajan 72.M.Ravichandran 73.P.Gurudgnanakandaswamy 74.P.Masilamani 75.P.Thirumalaiswamy 76.V.Chinnaswamy 77.M.Subbramaniyam 78.V.Murugan 79.K.Rangan 80.S.Balakrishnan 81.P.Sakthivel 82.M.Arusamy 83.S.Murugan 84.T.Sridhar 85.M.Boomibalan @ Ramesh 86.P.Kaliyamurthi 87.S.Palaivel 88.D.Mohanraj 89.Andimani 90.M.Subramani 91.T.Kaliyaperumal 92.K.Maruthaiyaa 93.T.Rayappan 94.S.Ramesh 95.A.Neelamegam 96.S.Periyasamy 97.S.Balaji 98.C.Palani 99.G.Arivazhagan

100.N.Vijayakumar 101.V.Balu @ Balchandran 102.G.Gopi 103.S.Sakthivel 104.J.Mahendran 105.R.Arunagiri 106.S.Karthikeyan 107.K.Krishnakumar 108.S.Govindaraj 109.K.Krishnan 110.A.Senthil 111.S.Murugesan 112.Krishnan 113.Rosi 114.Dakshinamoorthy 115.Chakravarthy 116.Kullan @ Mannaru 117.Sonaimuthu 118.G.Machakalai 119.V.Anbukkarasan 120.K.Thirumurugan 121.A.Ganapathy 122.Shankar 123.R.Vairamuthu 124.M.Pandi 125.Jodhi Manisha 126.Sunder 127.A.Raja 128.S.Kuthbudin 129.M.Rajini Guna @ Gunasekaran 130.S.Ashok @ Krishnan 131.K.Sathish Kumar 132.S.Jayachandran 133.A.Senthil @ Ayappan 134.S.Suriliappan 135.A.Ponnandi 136.S.Rajan 137.M.Aknel 138.P.Nambirajan 139.S.Saravanakumar 140.C.Sellachamy 141.S.Vanarajan 142.M.Velmurugan 143.C.Chennai Vendhan 144.K.Selvakumar 145.P.Sadhasivam 146.R.Thiyagarajan 147.A.Ganesh 148.T.Muthusamy 149.R.Suresh 150.K.Palanivel

151.K.Gunasekar 152.R.Kotti 153.M.Meiyazhagan 154.J.Saravanan 155.M.Ravi 156.N.Kadhar Basha 157.R.Saravanan 158.Karthikeyan 159.Suresh 160.A.Neelamegam 161.S.Ramesh 162.K.Subramani 163.S.Balaji 164.P.Arumugham 165.E.Kalaiselvan @ Tamilselvan 166.M.Dhandapani 167.Vasanth 168.R.Jayapandi 169.M.Muniswarar 170.D.Kathiresan 171.A.Sekar 172.G.Kandasamy 173.N.Subbaiah 174.S.M.Raja 175.R.Muthuraj 176.M.Venkataraman 177.E.Vinagamoorthy 178.S.Perumalsamy 179.R.Manavazhan 180.C.Bose 181.G.Kaliraj 182.L.Marimuthu 183.A.Ganesan 184.G.Marimuthu 185.E.Esra .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 2nd respondent to consider the representations of the petitioner dated 17.03.2014, 09.02.2015 and 06.07.2015 to take action against respondents 31 to 185 under Section 11 A (1) of the Representation of People's Act, 1951 and disqualifying them from voting in the ensuing elections.

For Petitioner :

Mr.R.Sureshkumar for M/s.K.M.Vijayan Associates

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner's own case is that he has referred certain

names who are liable to be removed from the electoral rolls on account of their conviction in accordance with Sections 8 and 11 A (1) of the Representation of People's Act, 1951. On the representation of the petitioner dated 06.07.2015, it is once again admitted that action has been taken by the Chief Electoral Officer by intimating the District Collector in this behalf. Now the petition has been filed for this Court to ensure that the District Collector takes action.

2.We are not inclined to entertain this Public Interest Litigation. The Chief Electoral Officer is already seized of the matter and will naturally take necessary steps to implement the decision already communicated to the Collector. There is no need for further supervision by this Court over this activity. 3.We may notice that the petition is filed by an Advocate in his name.

4.Writ Petition is dismissed with the aforesaid observations. No costs. Consequently, M.P.No.1 of 2015 is also dismissed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar sra To 1.The Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi.

2.Chief Electoral Officer, Public (Election) Department, Secretariat, Fort St. George, Chennai - 600 009.

3.The District Election Officer & District Collector, Salem District, Salem.

4.The District Election Officer & District Collector, Dindigul District, Dindigul.

5.The District Election Officer & District Collector, Tiruppur District, Tiruppur.

6.The District Election Officer & District Collector, Ariyalur District, Ariyalur.

7.The District Election Officer & District Collector, Perambalur District, Perambalur.

8.The District Election Officer & District Collector, Thiruchirappalli District, Thiruchirappalli.

9.The District Election Officer & District Collector Vellore District Vellore 10.The District Election Officer & District Collector Thiruvannamalai District Thiruvannamalai 11.The District Election Officer & District Collector Karur District Karur 12.The District Election Officer & District Collector Pudukkottai District Pudukkottai 13.The District Election Officer & District Collector Dharmapuri District Dharmapuri 14.The District Election Officer & District Collector Sivagangai District Sivagangai 15.The District Election Officer & District Collector Nilgiris District Nilgiris 16.

23 The District Election Officer & District Collector Nagapattinam District Nagapattinam 24 The District Election Officer & District Collector Tanjavur District Tanjavur 25 The District Election Officer & District Collector Thiruvaarur District Thiruvaarur 26 The District Election Officer & District Collector Theni District Theni 27 The District Election Officer & District Collector Trichy (City) Trichy 28 The District Election Officer & District Collector Salem (City) Salem 29 The District Election Officer & District Collector Erode District Erode 30 The District Election Officer & District Collector Kanniyakumari District Kanniyakumari.

+1 cc to Mr.K.M.Vijayan Associates, Advocate, sr.59926 +1 cc to The Government Pleader, sr.60069 W.P.No.35214 of 2015 tm co kra 19.11.2015