D.Kumaresh v. The Chief Election Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU D.Kumaresh .. Petitioner Vs 1.The Chief Election Commissioner, Nirvasan Sadan, Ashoka Road, New Delhi-110 001.
2.The Cabinet Secretary, Secretariat, Office of the Cabinet Secretary, Rashtrapathy Bhavan, New Delhi-110 001.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to consider the representation dated 6.7.2023 by the second respondent.
For the Petitioner : Mr.A.Kumanaraja For the Respondents : Mr.Niranjan Rajagopalan for respondent No.1 : Mr.AR.L.Sundaresan Addl. Solicitor-General assisted by Mr.Rajesh Vivekananthan Dy. Solicitor-General for respondent No.2
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.A.Kumanaraja, learned counsel for the petitioner; Mr.Niranjan Rajagopalan, learned counsel for the first respondent; and, Mr.AR.L.Sundaresan, learned Additional SolicitorGeneral of India, assisted by Mr.Rajesh Vivekananthan, learned Deputy Solicitor-General of India for the second respondent.
2. Learned Additional Solicitor-General of India submits that the Bill to the effect as claimed by the petitioner was introduced as a Private Bill and the same was defeated.
3. The prayer made in the present writ petition would amount to directing the Parliament and/or the State Legislature to legislate. The Court exercising writ jurisdiction under Article 226 of the Constitution of India cannot direct the Legislature to enact a law. With the above observation, the writ petition stands disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 25.09.2023 Index :
Yes/No Yes/No bbr To:
1.The Chief Election Commissioner, Nirvasan Sadan, Ashoka Road, New Delhi-110 001.
2.The Cabinet Secretary, Secretariat, Office of the Cabinet Secretary, Rashtrapathy Bhavan, New Delhi-110 001.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
bbr 25.09.2023