S.Raghavan v. Election Commission Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.3651 of 2015 S.Raghavan .. Petitioner -vs1.Election Commission of India, rep. by its Chief Election Commissioner of India, Nirvachan Sadan Ashoka Road, New Delhi-110 001.

2.Chief Electoral Officer and Principal Secretary to Government, Public (Elections) Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

3.District Election Officer cum District Collector, Trichirappalli District, Trichirappalli.

4.The Returning Officer cum Revenue Divisional Officer, No.139, Srirangam Constituency, Srirangam, Trichirappalli.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration declaring Section 5 (c) of the Representation of People Act, 1951 ultra vires of the Constitution of India in par with Section 4(d) of the Representation of People Act, 1951 as ultra vires, arbitrary, unconstitutional, illegal and violative of Article 14, 84, 168, 173, 191, 324 and 326. For Petitioner: M/s.S.Xavier Felix For Respondents:Mr.G.Rajagopal Addl. Solicitor General for R1 and R2 Mr.STS.Moorthy Government Pleader for R3 and R4 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) No affidavit in terms of paragraph 2 of our order dated 12.02.2015 has been filed till date, even though on 10.04.2015 we have clearly stated that as last opportunity one week further time is granted, failing which, the writ petition shall automatically stand dismissed.

2. In view of peremptory nature on 10.04.2015, the writ petition already has been dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The Chief Election Commissioner of India, Nirvachan Sadan Ashoka Road, New Delhi-110 001.

2.The Chief Electoral Officer and Principal Secretary to Government, Public (Elections) Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

3.The District Election Officer cum District Collector, Trichirappalli District, Trichirappalli.

4.The Returning Officer cum Revenue Divisional Officer, No.139, Srirangam Constituency, Srirangam, Trichirappalli.

+ 2 ccs to Mr.S. Xavier Felix, Advocate SR.23035 &23033 VD(CO) EU 19.05.2015 W.P.No.3651 of 2015 https://hcservices.ecourts.gov.in/hcservices/