← Library
Madras High CourtOA/976/2019allowed

The Chief Election Commissioner v. A.Santhana Kumar

2019-11-26Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OFR JUDICATURE AT MADRAS

(ORDINARY CIVIL ORIGINAL JURISDICTION) DATED : 26-11-2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM O.A.No.976 of 2019 in ELP.No.3 of 2019 The Chief Election Commissioner, O/o.Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001.

..

Applicant/R-1 Vs.

1.A.Santhana Kumar ..

R-1/Petitioner 2.Kanimozhi Karunanidhi 3.G.Saravanan 4.B.Selvin 5.S.Lourdes 6.J.Sivaneswaran 7.A.Jeyaraj 8.A.Ramesh 1/6

9.V.Siva 10.Aamalan Rajiv Bonifas 11.M.Bhuvaneshwaran 12.K.Guru 13.P.Ramakrishnan 14.M.Sankaralingam 15.Sunman 16.M.Rajalingam 17.T.Marakatha Raghavaraj 18.D.Jayaganesh 19.Jasper Gnana Martin 20.R.Sennai Natarajan 21.M.Ganesan 22.J.Ravishankar 23.TPS.Pon Kumaran 24.S.Ponraj 25.Ponnuswamy 26.M.Antohillery 27.M.Ramakrishnan 28.M.Maharajan 2/6

29.Dr.Tamilisai Soundararajan 30.S.Christatine Rajasekar 31.E.V.S.Rajakumar Naidu 32.P.Balamurugan 33.S.Germanus 34.C.Subhashini Malathi 35.ER.P.Pradeep Ganesan 36.P.Rajkumar 37.Gabriel James Fernando 38.G.James .. R-2 to R-38/ R-2 to R-38 This Original Application is filed under Order XIV Rule 8 of Madras High Court Original Side Rules read with Section 151 of the Code of Civil Procedure, 1908, to permit the applicant to release the electronic voting machines used for the elections in No.36, Thoothukudi Parliamentary Constituency, Tamil Nadu challenged in the Election Petition No.3 of 2019. For Applicant : Mr.Niranjan Rajagopalan For Respondent-1 : Mr.S.Makesh For Respondent-2 : Mr.Richardson Wilson for M/s.P.Wilson Associates.

3/6

O R D E R

The Original Application is filed by the Chief Election Commissioner to permit the applicant to release the electronic voting machines used for the elections in No.36, Thoothukudi Parliamentary Constituency, Tamil Nadu challenged in the Election Petition No.3 of 2019.

2. The learned counsel appearing on behalf of the applicant made a submission that the Election Petition No.3 of 2019 has been filed to declare the election of the returned candidates, namely, the first respondent in the main petition from No.36, Thoothukudi Parliamentary Constituency, Tamil Nadu held on 18.04.2019, in which the results have been declared on 23.05.2019 as null and void. As a practice of caution, the Electronic voting machines are preserved during the pendency of the Election Petition, due to which it is blocked from usage in other elections.

3. The learned counsel for the applicant made a submission that in the present original application, the issue is regarding the improper acceptance of Nomination Forms by the Returning Officer. In other words, it is contended that the particulars furnished in the Nomination Forms are 4/6

improper and not in consonance with the provisions of the Representation of the People Act, 1951.

4. The learned counsel for the applicant reiterated that no issue raised regarding the counting of votes in connection with the functioning of the Electronic Voting Machines. Thus, there is no impediment for allowing the application to release the Electronic Voting Machines, which are now kept in pendency of the Election Petition.

5. The learned counsel appearing on behalf of the respondents have no serious objections for allowing the application, as they have admitted that there is no issue with reference to the counting of votes or in relation to the electronic voting machines utilised for casting votes.

6. In view of the fact that the respective counsels appearing on behalf of the respondents have no objection for allowing the application, this Court is inclined to consider the application.

7. Accordingly, the relief sought for in the present application to permit the applicant to release the electronic voting machines used for the 5/6

S.M.SUBRAMANIAM, J.

Svn elections in No.36, Thoothukudi Parliamentary Constituency, Tamil Nadu challenged in Election Petition No.3 of 2019 stands allowed. However, there shall be no order as to costs.

26-11-2019 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Svn To The Chief Election Commissioner, O/o.Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001.

O.A.No.976 of 2019 in ELP.No.3 of 2019 6/6