M.Premnath v. Tamilnadu State Election Commissioner,

In the High Court of Judicature at Madras Dated : 03.12.2019 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.33674 of 2019 & WMP.No.34134 of 2019 M.Premnath

...Petitioner

Vs 1.Tamil Nadu State Election Commission, Inner Ring Road, Jai Nagar, Coimbedu, Chennai-16.

2.The Collector, Vellore, Vellore District.

3.The Block Development Officer, Wallajah Union, Wallajahpet, Vellore-632403.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 and 2 to consider the representation dated 15.11.2019 made by the petitioner forthwith.

For Petitioner :

Mr.K.Jayaraman For Respondent-1:

Mr.AR.L.Sundaresan, SC for Mr.B.Nedunchezhiyan For Respondent-2 :

Mr.T.M.Pappiah, SGP For Respondent-3 :

Mrs.Sri Jayanthi, SGP

ORDER

I have heard Mr.K.Jayaraman, learned counsel for the petitioner, Mr.AR.L.Sundaresan, learned Senior Counsel appearing on behalf of Mr.B.Nedunchezhiyan, learned Standing Counsel accepting notice for the first respondent, Mr.T.M.Pappiah, learned Special Government Pleader accepting notice for the second respondent and Mrs.Sri Jayanthi, learned Special Government Pleader accepting notice for the third respondent.

2. The petitioner seeks a direction to respondents to declare ward No.6 as a general ward by considering his representation.

3. The relief sought for by the petitioner cannot be granted for more than one reason. Firstly, the action, which the petitioner questions, is part of a delimitation exercise and it cannot be interfered with in a writ petition. Further, the electoral roll has already been published, elections have been notified and the Code of Conduct has already come into effect. At this juncture, no Mandamus can be issued.

4. Accordingly, the above writ petition is dismissed. No costs. Consequently, the connected WMP is also dismissed. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar To 1.Tamil Nadu State Election Commission, Inner Ring Road, Jai Nagar, Coimbedu, Chennai-16.

2.The Collector, Vellore, Vellore District.

3.The Block Development Officer, Wallajah Union, Wallajahpet, Vellore-632403.

+1Cc to Mr.K.Jayaraman, Advocate, SR.No.100552. +1Cc to Mr.N.Nedunchezhiyan, Advocate, SR.No.100799. +1Cc to Ms.SriJayanthi, Advocate, SR.No.100971. +1CC to SPL GP, SR.No.101629.

WP.No.33674 of 2019 & WMP.No.34134 of 2019 RK(CO) CSR: 10/01/2020