R.Karunanithi v. The Tamil Nadu Election

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2850 of 2017 and WMP(MD)No.2321 of 2017 R.Karunanithi ... Petitioner vs.

1.The Tamil Nadu Election Commission, Rep. By its Chief Election Commissioner, Secretariat, Fort St George, Chennai - 600 009.

2.The District Collector/District Election Officer, Ramanathapuram, Ramanathapuram District.

3.The Revenue Divisional Officer / Sub-Collector/ Returning Officer (Elections) Paramakudi, Ramanathapuram District.

4.The Deputy Tahsildar, (Elections) Taluk Office, Kadaladi, Ramanathapuram District.

5.M.Shajahan 6.M.Beer Mohammed 7.N.Murali ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 & 2 to cancel the dual entries of 125 persons in the voter list at Aapanoor Village, Kadaladi Taluk, Ramanathapuram District and Devendra Nagar, Muthukulathur, Rayapuram and Harbour constituency, Chennai mentioned in the petitioner's representaiton dated 20.01.2017. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.R.Karthikeyan 1 to 4 Additional Government Pleader

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J.) The petitioner filed this writ petition to direct the Tamil Nadu Election Commission to cancel the dual entries of 125 persons in the voters' list at Aapanoor Village, Kadaladi Taluk, Ramanathapuram District taking into account the representation submitted by him on 20 January 2017.

2.The counter affidavit filed by the Sub-Collector, Paramakudi indicates that action has already been taken to remove 37 names from the electoral roll relating to 212, Muthukulathur Assembly constituency.

3.The submission made in paras 4 and 5 of the counter affidavit dated 23 March 2017 would make the position clear. "4.I humbly submit that among the 125 persons, 37 names were dual entries within the electoral roll of the 212 Muthukulathur Assembly constituency. One entry is at Part no 263, 264 (Appanur village) and another entry at Part no 173 (Devendra Nagar, Muthukulathur). On enquiry it was found that they were ordinarily residing at Devendra nagar, Mudukulathur. Form - 7 have been obtained in all these 37 cases and processed as per the accordance with Act and Rules. The 37 names will be deleted from the Part 263, 264 (Appanur village) of Electoral Roll.

5.I submit that out of the list of 125 voters submitted by the petitioner, 68 voters were retained in Mudukulathur constituency Electoral Roll and 57 names were deleted from the Part No. 263 and 264 of Mudukulathur constituency roll, based on the enquiry."

4.In view of the submission made by the Sub Collector, Paramakudi, no further orders are necessary in the writ petition. It is always open to the petitioner to approach the concerned authority, in case, he is still aggrieved.

5.The writ petition is closed with the above observation. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

To 1.The Chief Election Commissioner, Tamil Nadu Election Commission, Secretariat, Fort St George, Chennai - 600 009.

2.The District Collector/District Election Officer, Ramanathapuram, Ramanathapuram District.

3.The Revenue Divisional Officer / Sub-Collector/ Returning Officer (Elections) Paramakudi, Ramanathapuram District.

4.The Deputy Tahsildar, (Elections) Taluk Office, Kadaladi, Ramanathapuram District.

+1cc to M/S.T.LAJAPATHI ROY, Advocate SR.No. 64750 +1cc to Special Government Pleader, SR.No. 64971 W.P(MD)No.2850 of 2017 and WMP(MD)No.2321 of 2017 11.07.2017 GK/SKM JM/JC/SAR 1/27.07.2017/3P/7C