K.Rajeshkannan, v. The Election Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.20790 of 2018 and WMP(MD)Nos.18552 to 18554 of 2018 K.Rajeshkannan ... Petitioner vs.

1.The Election Commission, Tamil Nadu State Cooperative Societies Election Commission, No.273, Anna Salai, Chennai - 600 018.

2.The Deputy Registrar of Cooperative Societies/ District Election Officer, Kovilpatti, 3.The Election Officer, O.522, Kovilpatti Agriculture Producers Cooperative Marketing Society Ltd., Sathur Road, Kovilpatti - 628 501, ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned Election Notification issued by the 2nd respondent in 'Thoothukudi District Cooperative Advertisement No.43/2018-2019' dated 19.09.2018 quash the same in so far as petitioner society concerned and consequently permit the petitioner to videograph the entire election process in the "O.522, Kovilpatti Agriculture Producers Cooperative Marketing Society Ltd.," Sathur Road, Kovilpatti, Thoothukudi District from the date of submitting nomination until the declaration of the election results to ensure free and fair election whenever is conducted in the said society.

For Petitioner : Mr.B.Saravanan For R1 : Mr.K.Palanisamy For R2 & R3 : Mr.A.K.Baskarapandian Special Government Pleader

O R D E R

[Order of the Court was made by T.RAJA, J.] Mr.K.Palanisamy, learned Counsel takes notice for the first respondent and Mr.A.K.Baskarapandian, learned Special Government Pleader takes notice for the respondents 2 and 3.

2. By consent, the writ petition is taken up for final disposal.

3. Though the present writ petition is directed against the Election Notification dated 19.09.2018, Mr.B.Saravanan, learned counsel appearing for the petitioner, without challenging the impugned notification limited his prayer and submitted that if a direction is given to the Election Officer to hold free and fair election with video coverage of the entire election from the date of filing nomination till the date of declaration along with police protection, that would serve the purpose of both sides.

4. Learned Counsel for the first respondent and learned Special Government Pleader appearing for the respondents 2 and 3 submitted that the respondents would conduct free and fair election by taking video coverage of entire process from the date of filing of nomination till the date of declaration along with police protection.

5. Recording the above submission, we dispose of this writ petition, allowing the petitioner to take video coverage of the entire election process. No costs. Consequently, WMP(MD)Nos.18552 to 18554 of 2018 are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The Election Commission, Tamil Nadu State Cooperative Societies Election Commission, No.273, Anna Salai, Chennai - 600 018.

2.The Deputy Registrar of Cooperative Societies/ District Election Officer, Kovilpatti,

3.The Election Officer, O.522, Kovilpatti Agriculture Producers Cooperative Marketing Society Ltd., Sathur Road, Kovilpatti - 628 501, +2 CC To MR.B.SARAVANAN, Advocate SR. NO.88752 & 88670 +1 CC TO The Special Government Pleader SR.NO. 88835 W.P.(MD) No.20790 of 2018 04.10.2018 MJ TR/RSK/SAR-IV(05.10.2018)3P 7C