Baskar v. The Chief Election
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.37467 of 2016 Baskar .. Petitioner Vs
1. The Chief Election Commissioner Election Commission of India Nirvachan Sadan, Ashoka Road New Delhi - 110 001.
2. The Chief Electoral Officer and Principal Secretary to Government Public (Elections) Department Secretariat, Fort St. George Chennai - 600 009.
3. The Tamilnadu State Election Commissioner Tamilnadu State Election Commission No.208/2, Jawaharlal Nehru Road Opp: to CMPBT, Arumbakkam Chennai - 600 106.
4. The Deputy Commissioner of Police O/o. Commissioner of Police Campus Central Crime Branch, Vepery Chennai.
5. The Assistant Commissioner of Police O/o. Commissioner of Police Campus Job Racketing - CCB Vepery, Chennai.
6. Senthil Balaji
7. The General Secretary O/o. Office Secretary AIADMK Head Quarters 226, Avvai Shanmugam Salai Azad Nagar, Royapettah Chennai - 600 014.
.. Respondents
PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct respondents 1 to 5 to give suitable instructions to the officials concerned to reject the nomination of the sixth respondent in the event of submitting his nomination in the by-elections to Tamil Nadu State Assembly to the constituency of Aravakurichi. For Petitioner : M/S.M.Gnanasekar For Respondents : Mr.C.Manishankar Addl. Advocate General assisted by Mr.M.K.Subramanian Government Pleader for respondents 4 and 5 Mr.Niranjan Rajagopalan for 1st respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner seeks a direction against the first five respondents to reject the nomination of the sixth respondent in the event of his submitting a nomination for the by-election to the Tamil Nadu State Assembly in respect of the constituency of Aravakurichi.
2. The case of the petitioner is predicated on cleansing of the electoral process by which persons facing criminal cases should not be nominated by the recognized parties or should not be permitted to contest the elections. It appears that the allegation against the sixth respondent is in respect of two FIRs lodged, out of which one has been quashed at Madurai. In respect of the other FIR, in Crl.O.P.No.7503 of 2016, vide order dated 20.6.2016, the learned Single Judge directed the Assistant Commissioner of Police, Central Crime Branch to take over the investigation in Crime No.441/2015 with monitoring by the Deputy Commissioner of Police, Central Crime Branch. It is the grievance of the petitioner that no progress is made in this behalf and on the other hand, the sixth respondent may contest the elections.
3. We are of the view that insofar as the electoral process is concerned, no interference can be caused merely because a FIR
is registered against the person. This is not the law of the land as it stands today, as neither the final report has been filed, nor charges framed, nor there is any conviction.
4. The learned counsel for the petitioner faced with the aforesaid position states that at least the investigation directed by the learned Single Judge vide order dated 20.6.2016 should conclude and the petitioner, amongst others, has agreed to become approver.
5. We are, thus, not inclined to grant the relief as prayed for by the petitioner under Article 226 of the Constitution of India, but feel that we may see the progress of the investigation.
6. Let the progress report be filed by the Investigative Agency in a sealed cover in the Court on the next date.
7. The writ petition is dismissed. No costs.
8. List for compliance on 7.11.2016.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To:
1. The Chief Election Commissioner Election Commission of India Nirvachan Sadan, Ashoka Road New Delhi - 110 001.
2. The Chief Electoral Officer and Principal Secretary to Government Public (Elections) Department Secretariat, Fort St. George Chennai - 600 009.
3. The Tamilnadu State Election Commissioner Tamilnadu State Election Commission No.208/2, Jawaharlal Nehru Road Opp: to CMPBT, Arumbakkam Chennai - 600 106.
4. The Deputy Commissioner of Police O/o. Commissioner of Police Campus Central Crime Branch, Vepery Chennai.
5. The Assistant Commissioner of Police O/o. Commissioner of Police Campus Job Racketing - CCB Vepery, Chennai.
Copy to The General Secretary O/o. Office Secretary AIADMK Head Quarters 226, Avvai Shanmugam Salai Azad Nagar, Royapettah Chennai - 600 014.
+1cc to M/S.R.Thirumoorthy, Advocate Sr.61316 +1cc to the Government Pleader Sr.61607 W.P.No.37467 of 2016 ug[co] srg 07/11/2016