Madras High CourtWP/24083/2016disposed of

M.Saravana Lingam v. The Chief Electoral Officer

2016-11-01Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.24083 of 2016 M.Saravana Lingam .. Petitioner -vs1.The Chief Electoral Officer (CEO) & Principal Secretary, Public Elections Department, Secretariat, Fort St. George, 2.The District Collector, Tiruvallur District.

3.The Appellate Authority, & District Revenue Officer, Tiruvallur.

4.Flying Squad Team B, The Returning Officer, No.8, Ambatur, .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records on the file of the third respondent in Rc.No.5932-11-2016-E3 dated 21.04.2016 and quash the same and consequently direct the respondents to release the seized money of Rs.3,50,000/- to the petitioner immediately. For Petitioner :

Mr.R.Singaravelan Senior Counsel for M/s.V.S.Jagadeesan For Respondents :

Mr.Niranjan Rajagopalan forM/s.G.R.Associates for R1,3 & 4 Mr.R.Vijayakumar Addl. G.P. for R2

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, especially taking note of the submission of the learned counsel for the Election Commission of India, it is directed that the issue of refund of the cash seized from the petitioner of Rs.3.50 lakhs should be dealt with as per paragraph 16(i) and 16(v) of the Compendium of Instructions on Election Expenditure Monitoring (July-2015) and as per the order dated 29.5.2015 of the Election Commission of India annexed in the typed set of papers within a maximum period of fifteen days from the date of receipt of the copy of this order.

2. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The Chief Electoral Officer (CEO) & Principal Secretary, Public Elections Department, Secretariat, Fort St. George, 2.The District Collector, Tiruvallur District.

3.The Appellate Authority, & District Revenue Officer, Tiruvallur.

4.Flying Squad Team B, The Returning Officer, No.8, Ambatur, +1cc to Mr. V.S. Jagadeesan, Advocate, S.R.No.61858 +1cc to Mr.G.R. Associates, Advocate, S.R.No.62449 +1cc to the Government Pleader, S.R.No.62187 scd (CO) md (8/11/2016) W.P.No.24083 of 2016