← Library
Madras High CourtWP/28353/2021disposed of

K.Loganathan v. Tamil Nadu Election Commission

2022-02-24Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.28353 OF 2021 AND W.M.P.NO.29928 OF 2021

1. K.Loganathan

2. V.Poomathy

3. R.Susila

4. S.Rajkumar

5. S.Saranya

6. R.Durairaji

7. R.Sakunthala

8. S.Sangeetha

9. R.Vimala Devi

10. P.Santhi ... Petitioners .Vs.

1. The Tamil Nadu State Election Commission, Rep. by the State Election Commissioner, No.208/2, Jawaharlal Nehru Road, Opp: CMBT, Arumbakkam, Chennai - 600 106.

2. The District Collector cum District Election Officer, Namakkal District.

3. The Election Officer cum Block Development Officer, Erumapatti Panchayat Union, Senthamangalam Taluk, Namakkal District.

4. The Superintendent of Police, Namakkal District.

... Respondents

PRAYER:- Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to conduct the meeting of the Erumapatti Panchayat Union for electing its Chairman with adequate police protection and to make complete video coverage of the process of election with the help of sufficient number of CCTV cameras and surveillance cameras so as to ensure a free and fair election enabling all Ward Councillors to be present in the meeting of election and cast their vote within a stipulated time as fixed by this Court by considering the petitioners' representation dated 29.11.2021.

For Petitioners :

Mr.S.Senthil For Respondents :

Mr.S.Sivashanmugam Standing Counsel For R-1 Mr.R.Shunmugasundaram Advocate General Assisted by Mr.P.Muthukumar State Government Pleader For RR 2 to 4.

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a direction for holding of the election for the post of Chairman of Erumapatti Panchayat Union.

2. A notification has been issued now by the respondents on 05.02.2022 notifying the date of election. It would be on 07.03.2022. Therefore, the first part of the grievance raised by the petitioners gets redressed. The other part is to cover the election under the CCTV camera. The State Election Commission has already issued a circular to this effect on 10.01.2022, though it was issued for the urban local body elections. The said guidelines would apply even for the election in hand, that is for rural areas.

With the aforesaid, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.29928 of 2021 is closed.

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

The State Election Commissioner, The Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp: CMBT, Arumbakkam, Chennai - 600 106.

2.

The District Collector cum District Election Officer, Namakkal District.

3.

The Election Officer cum Block Development Officer, Erumapatti Panchayat Union, Senthamangalam Taluk, Namakkal District.

4.

The Superintendent of Police, Namakkal District.

+1cc to Mr.S.Senthil, Advocate, S.R.No.12820 +1cc to the Government Pleader, S.R.No.12747 W.P.NO.28353 OF 2021 NMI(CO) PBS/04/03/2022