A.Mari v. The State Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP WRIT PETITION NO.21962 OF 2021 A.Mari

...Petitioner

Vs

1. The State Election Commissioner, Rural Local Body Elections, State Election Commission Office, Chennai-106.

2. The District Collector/ District Election Officer, Viluppuram District.

3. The Sub Collector, Sub-Collector Office, Tindivanam, Viluppuram District.

4. The Block Development Officer, Vallam Panchayat Union, Viluppuram District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for issuance of a Writ of Mandamus directing the respondents particularly the District Collector, Viluppuram District, the Sub Collector, Sub-Collector Office, Tindivanam, Viluppuram District and the Block Development Officer, Vallam Panchayat Union, Vilupputam District - the 2nd, 3rd and 4th respondents to include the name of the petitioner and other 40 persons names in the Voters List on the basis of representation dated 29.9.2021 and permit them to exercise their votes in the ensuing Tamil Nadu Rural Local Body Election 2021. For Petitioner :

Mr.K.Balakrishnan For Respondent-1 :

Ms.R.Anitha for Mr.Siva Shanmugam Standing Counsel & State Election Commissioner For Respondents 2 to 4 :

Mr.P.Muthukumar, State GP

Order of the Court was made by T.S.SIVAGNANAM,J We have heard Mr.K.Balakrishnan, learned counsel for the petitioner, Ms.R.Anitha, learned counsel accepting notice for Mr.Siva Shanmugam, learned Standing Counsel for the first respondent and Mr.P. Muthukumar, learned State Government Pleader accepting notice for respondents 2 to 4.

2. The petitioner seeks for a direction to consider his representation and include the names of the petitioner and 40 others in the voters list.

3. According to the petitioner, the names of the petitioner and 40 others have been placed in the voters list published in August 2021 and as of now, an unofficial copy of the list of voters has been shown to the petitioner, in which, the names of the petitioner and 40 others are not found.

4. It is not clear as to why the petitioner has not approached the Authorities earlier.

5. However, the petitioner would admit that several of the 40 persons are working as coolis in Bangalore.

6. In any event, at this juncture, we cannot issue any direction because the election is scheduled to be held tomorrow i.e 09.10.2021 and the voters list would have been finalized. However, the appropriate respondent may look into the grievance and after the same is considered, appropriate action shall be taken in accordance with law. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rs To 1.

The State Election Commissioner, Rural Local Body Elections, State Election Commission Office, Chennai-106.

2.

The District Collector/District Election Officer, Viluppuram District.

3.

The Sub Collector, Sub-Collector Office, Tindivanam, Viluppuram District.

4.

The Block Development Officer, Vallam Panchayat Union, Viluppuram District.

+1cc to Mr.K.Balakrishnan, Advocate, S.R.No.53114 +1cc to the Government Pleader, S.R.No.53150 WP.No.21962 of 2021 PMK(CO) PM/27/10/2021