Desiya Makkal Sakthi Katchi v. Chief Election Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.28684 of 2025 Desiya Makkal Sakthi Katchi Rep. by its President, M.L.Ravi, No.21/11, Venkatraman Street, Chennai-600 001.
Petitioner Vs 1.The Chief Election Commissioner Election Commission of India, Nirvachan Sadan, No.1, Ashoka Road, New Delhi-110 001.
2.The Chief Electoral Officer Public Elections Department, Secretariat, Fort St. George, Chennai-600 009.
3.The District Election Officer and District Collector, Villupuram District,
4.The Superintendent of Police Collector Office Road, Moovender Nagar, Villupuram District-605 601.
5.Chadrasekar Returning Officer, No.75-Vikravandi Bye Election -2024 At Present District Supply and Consumer Protection Officer, Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to consider the petitioner representation dated 13.05.2025 or any other order or orders or direction in the nature of writ, directing the 1st respondent to initiate disciplinary action against the 5th respondent and Criminal action for dereliction of duty in conduct of free and fair election as per statutory law.
For Petitioner:
Mr.T.Sivagnanasambandan For Respondents:
Mr.M.Habeeb Rahman Government Advocate for respondent Nos.2 and 3 Mr.R.Muniyapparaj Additional Public Prosecutor for respondent No.4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.
2. This petition has been filed by the petitioner seeking the following relief:
"For the reasons stated in the accompanying affidavit, it is therefore prayed this Hon'ble Court may be pleased to issue writ of mandamus to consider the petitioner representation dated 13.05.2025 or any other order or orders or direction in the nature of writ, directing the 1st respondent to initiate disciplinary action against the 5th respondent and Criminal action for dereliction of duty in conduct of free and fair election as per statutory law or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."
3. The substance of complaint is mainly with regard to alleged
illegal rejection of the nomination paper of one of the candidates, who belongs to the political party/petitioner.
4. In our view, this petition is utterly misconceived in law. Alleged illegal rejection of the nomination paper could be challenged by way of an election petition and not otherwise. There are no extraordinary circumstances why the court should take up this matter by way of writ petition filed at the instance of a political party.
As a matter of fact, as conceded by learned counsel for the petitioner, the candidate, whose nomination was rejected, has also filed election petition, which since stands dismissed.
5. This petition is not maintainable and is frivolous. Therefore, petition is dismissed. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 11.08.2025 Index :
Yes/No :
Yes/No bbr
To:
1.The Chief Election Commissioner Election Commission of India, Nirvachan Sadan, No.1, Ashoka Road, New Delhi-110 001.
2.The Chief Electoral Officer Public Elections Department, Secretariat, Fort St. George, Chennai-600 009.
3.The District Election Officer and District Collector, Villupuram District, 4.The Superintendent of Police Collector Office Road, Moovender Nagar, Villupuram District-605 601.
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.
bbr W.P.No.28684 of 2025 11.08.2025