R.Kannan, State Secretary, v. The State Election Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.1556 of 2017 P.Kannan, State Secretary, Tamilnadu All Village Panchayat President's Sangam, Vanjinipatti, Thirupathur Taluk, .. Petitioner Vs.

1.The State Election Commission, 208/2, Jawaharlal Nehru Salai, Arumpakkam, Chennai - 600 106.

2.The District Collector/District Election Officer, District Collectorate Campus, 3.The Superintendent of Police, 4.The Assistant Electoral Registration Officer/ Tahsildar, Thiruppathur, Sivagangai District. 5.C.Murugesan .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 29.12.2016 regarding the fraudulent act committed by the fifth respondent and also direct the second respondent to take appropriate action against the fifth respondent.

For Petitioner : Mr.S.Arivalagan For Respondents : Mr.R.Karthikeyan, 1,2 and 4 Additional Government Pleader.

For Respondent No.3 : Mr.D.Muruganandam, Additional Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 4 to consider the representation dated 29.12.2016 alleged to have been given by the petitioner in respect of fraudulent activities committed by the fifth respondent, by way of issuing a writ of mandamus.

2.Mr.R.Karthikeyan, learned Additional Government Pleader, has taken notice for the respondents 1, 2 and 4 and Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the third respondent. Considering the nature of the relief sought in the writ petition, notice need not be sent to the fifth respondent.

3.The learned counsel appearing for the petitioner has contended to the effect that the fifth respondent has been acting as Secretary of Village Panchayat and he obtained two Voter Identification Cards and thereby misusing the same and under the said circumstances a representation has been given on 29.12.2016 to the respondents 1 to 4, but the same has not been considered. 4.Considering the fact that on 29.12.2016 a representation has been given to the respondents 1 to 4 and the same has not been considered, this Court is inclined to pass the following order. 5.In fine, this writ petition is allowed without costs and the respondents 1 to 4 are directed to look into the representation dated 29.12.2016 alleged to have been given by the petitioner and dispose of the same within a period of one month. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar smn To 1.The State Election Commission, 208/2, Jawaharlal Nehru Salai, Arumpakkam, Chennai - 600 106.

2.The District Collector/District Election Officer, District Collectorate Campus, 3.The Superintendent of Police,

4.The Assistant Electoral Registration Officer/ Tahsildar, Thiruppathur, +1CC to Mr.S.Arivalagan, Advocate Sr.No.5189 +1CC to Spl.Government Pleader Sr.No.5669 GJM/CM/MSA/7.2.17-3p-7c ORDER MADE IN W.P(MD)No.1556 of 2017 01.02.2017