Madras High CourtWP(MD)/13724/2016dismissed as abated

A.P J Mohamed Muthu Meera v. The Election Commission Of

2023-03-17Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.03.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD).Nos.10226 to 10228 of 2016 A.P.J.Mohamed Muthu Meer Maraikayar House of Kalam 12/7, Mosque Street, Rameshwaram, Ramanathapuram District.

... Petitioner Vs.

1.The Election Commission of India, Rep by its Principal Secretary, Nirvachan Sadan, Ashoka Road, New Delhi.

2.The Chief Election Commissioner of Tamil Nadu, Public (Elections) Department, Secretariat, Fort St.George, Chennai 600009.

3.V.PonRaj 4.S.Kumar 5.Thirusenduran ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the first respondent in F.No. 56/40/2016/PPS-1 dated 19.07.2016 and quash the same as illegal and consequently forbear the respondents 1 and 2 from recognizing or permitting any person including the respondents 3 to 5 from using the name or figurine of Late.Dr.A.P.J.Abdul Kalam as a name of a political party or for any other political/electoral purposes For Petitioner :Mr.P.Mohamed Suhail For Respondents :Mr.S.Kameswaran Government Advocate of R2 :Mr.Gnanagurunathan for R3 to R5 :Tapal Due for R1

O R D E R

The petitioner was a brother of the late President of India, Mr.A.P.J.Abdul Kalam. By this writ petition, he had challenged an order dated 19.07.2016 of the first respondent in relation to the use of the name and depiction of the late Dr.A.P.J.Abdul Kalam by political parties or for political purposes.

2. Learned counsel for the petitioner submits that the petitioner passed away recently. As such, this petition cannot be prosecuted any further at this juncture.

3. Accordingly, W.P.(MD).No.13724 of 2016 is dismissed as abated by leaving it open to the relatives of the petitioner to seek redressal of the same grievance (canvassed herein by the petitioner). without any order as to costs. Consequently, connected W.M.P.(MD).Nos.10226 to 10228 of 2016 are closed.

17.03.2023 NCC :Yes/No Internet :Yes/No Index :Yes/No sbn

To 1.The Election Commission of India, Rep by its Principal Secretary, Nirvachan Sadan, Ashoka Road, New Delhi.

2.The Chief Election Commissioner of Tamil Nadu, Public (Elections) Department, Secretariat, Fort St.George, Chennai 600009.

SENTHILKUMAR RAMAMOORTHY, J.

sbn and W.M.P.(MD).Nos.10226 to 10228 of 2016 17.03.2023