C. Nehru Pandian v. The Chief Election Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN C.Nehru Pandian ... Petitioner -vs1.The Chief Election Commissioner Tamilnadu State Election Commission 208/2, Jawaharlal Nehru Road Arumbakkam, Chennai-600 106 2.The District Collector Madurai District, Madurai 3.The Assistant Election Commissioner & Returning Officer, Madurai District 4.The Inspector General of Police South Zone, Natham Main Road Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to ensure free and fair election to the post of Chairman and ViceChairman of the District Panchayat and Panchayat Unions in Madurai District by providing substantial police protection to all the polling stations during the entire day of polling on 11.01.2020 and thereby, providing necessary protection to all the elected Councilors who are entitled to vote in the said Election. For Petitioner :

Mr.G.Prabhu Rajadurai For Respondents :

Mr.K.Chellapandian assisted by Mr.V.R.Shanmuganathan Special Government Pleader 1/3

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents to ensure free and fair election to the posts of Chairman and Vice-Chairman of the District Panchayat and Panchayat Unions in Madurai District by providing substantial police protection to all the polling stations during the entire day of polling on 11.01.2020 and providing necessary protection to all the elected Councilors, who are casting their votes in the said election.

2. Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.V.R.Shanmuganathan, learned Special Government Pleader, who takes notice for the respondents, submitted that the respondent Police is providing protection to all the citizens in the case of any apprehension with regard to their safety and therefore, no specific protection needs to be given to the respondent Police to give police protection to the elected candidates in the forthcoming election to the posts of Chairman and Vice-Chairman.

3. In view of the submissions made by the learned Additional Advocate General, we observe that in the case of real apprehension by any of the candidate with regard to his / her personal safety and in the case of giving a written complaint to the respective jurisdictional Police, the respective jurisdictional Police shall give appropriate protection to him / her.

4. Accordingly, the writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The Chief Election Commissioner, Tamilnadu State Election Commission, 208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai-600 106.

2.The District Collector, Madurai District, Madurai.

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3.The Assistant Election Commissioner & Returning Officer, Madurai District.

4.The Inspector General of Police, South Zone, Natham Main Road, Madurai.

10.01.2020 scr(CO) TR(10.01.2020) 3P 5C 3/3