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Madras High CourtWP/29300/2025dismissed

A.P.Prabhavathy v. The Chief Election Commissioner

2025-08-11Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan4 pages

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.29300 of 2025 A.P.Prabhavathy, W/o.A.K.Saravanan Kumar, No.33, E.C.R. Main Road, Vadivambikai Nagar, Lawspet, Pondicherry 605 008.

Petitioner Vs The Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi 110 001.

Respondent PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent to clarify based on petitioner's representation dated 16.04.2025, whether a person like the petitioner whose state of origin is Tamil Nadu and who has shifted to the Union Territory of Pondicherry for the purpose of her marriage can participate in the oncoming legislative

elections being conducted in the Union Territory of Pondicherry under Reserved Constituencies allotted to Scheduled Caste people as the petitioner is having only Schedule Caste (migrant) community certificate.

For Petitioner:

Mr.P.Balamurugan

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the petitioner.

2. This petition is misconceived, inasmuch as the petitioner seeks a declaration from this court with regard to her eligibility in case she submits nomination offering her candidature in the forthcoming assembly elections.

3. This petition is without any cause of action. If the petitioner is willing to offer her candidature and contest assembly elections, it is for her to submit her nomination paper as and when occasion arises. At this stage, no mandamus, as prayed for, can be granted.

4. Petition is misconceived and it 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:

The Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi 110 001.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

bbr W.P.No.29300 of 2025 11.08.2025