WRIT OF MANDAMUS directing the respondents herein to appoint Independent Central Government Officials in the counting centre of Urban Local Body Election-2022 with the help of independent Observers of the Central Government and Central Police Force instead of officials working under the Tamil Nadu State Government and also Video Graph the entire counting proceedings to ensure free and fair counting of Urban full affidavit copy

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P.(MD)No. of 2022
Ponsakthivel,
S/o Ponudevar,
No, 58,H-1 Anna colony,
Thiruthangal,
Sivakasi Taluka,
Virudhunagar District. …Petitioner Vs
1. The Secretary,
Governor’s Secretariat,
Raj Bhavan,
Guindy,
Chennai-600 022.
2. The Government of Tamil Nadu rep. By the Principal Secretary to Government, Dept. of Municipal
Administration & Water Supply
Secretariat,
Chennai-600 009.
3. The Director General Of Police,
Government of Tamilnadu,
Chennai.

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4. The Election Commission of Tamil Nadu, rep. By Tamil Nadu State Election Commissioner,
No.208/2, Jawaharlal Nehru Road
Opp. To CMBT, Arumbakkam Chennai 600 106.
5. The Commissioner of Municipal Administration,
Ezhilagam,
Chepauk,
Chennai 600 005.

6. The District Collector, Virudhunagar District, Virudhunagr.

7.The Election Officer,
O/f The Commissioner,
Sivakasi Corporation Office, Virudhunagar district.

8. The Superintendent of Police,
Virudhunagar District, Virudhunagar.

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9. The Deputy Superintendent of Police,
Sivakasi,
Virudhunagar District.

10. The Revenue Divisional Officer,
Sivakasi,
Virudhunagar District. …Respondents

AFFIDAVIT OF THE PETITIONER

I, PonSakthivel, son of Ponudevar, Hindu, aged about 50 years, residing at No.58/H1, Anna Colony, Thiruthanagl, Sivakasi Taluka, Virudhunagar District, now temporarily come down to Madurai, do hereby solemnly affirm and sincerely state as follows:-
1) I am the petitioner herein and as such I am well acquainted with the facts of the case. I have not filed any other writ petition for the same relief, which is sought for in this writ petition. 2) I respectfully state that, the petitioner seeks to file the present writ petition praying this Hon’ble Court to issue a writ in the nature of a WRIT OF MANDAMUS directing the
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respondents herein to appoint Independent Central
Government Officials in the counting centre of Urban Local Body
Election-2022 with the help of independent Observers of the Central Government and Central Police Force instead of officials working under the Tamil Nadu State Government and also Video Graph the entire counting proceedings to ensure free and fair counting of Urban Local Body Election 2022 for all 48 Wards in the Sivakasi Corporation by considering the petitioner representation dated 19.02.2022 within the period that may be stipulated by this Hon’ble Court.
3) I respectfully state that, I am a member of AIADMK party and
I have been serving as a Municipal Secretary of Thiruthangal
Municipality, Virudhunagar district in All India Anna Dravida Munnetra Kazhagam. I have been elected as councillor from the year 1991- 1996,1996-2001, 2001-2006,2006-2011 and 20112016 in the Thiruthanagal Municipality. I have been elected as
Councillor continuously 5 terms. From 2006 to 2016 I was the -5-
Vice-Chairman of the Thiruthanagl Municipality. During my tenure as a councillor I have done Various Welfare assistance to the people of the Thiruthangal Municipality.
4) I respectfully state that, The Sivakasi municipality was established in 1920. After India’s independence from the British in 1947, Sivakasi continued to be a municipality under the Madras state and later a part of Tamil Nadu, when the state was split on linguistic lines during 1953, 1956 and 1960 and renamed in 1968. It was promoted to a second-grade
municipality in 1978, first-grade in 1978, selection-grade in 1998, special-grade in 2013 and proposed to be upgraded as municipal corporation in 2017. On 31-December-2020, both Sivakasi and Thiruthangal are merged with a view to promote
Sivakasi as municipal corporation. It is declared as Municipal Corporation on 24-August-2021 in Tamilnadu legislative assembly by the AIADMK Government. Over the decades after independence, Sivakasi grew as an industrial town specialising -6-
in firecracker, match and printing industries.
5) I respectfully state that, after the merger of the Thiruthangal municipality and the Sivakasi Municipality the both the Municipalities were upgraded as Sivakasi Corporation. The 4th respondent here is issued a election notification for the Urban Local Body election-2022 with Election Schedules as stated hereunder-
1. Nomination Commence from 28th January
2. Last date to file Nomination-04th February
3. Last date to Withdraw the Nomination- 07th February
4. Date of Polling- 19th February
5. Date of Counting- 22 February
6. Indirect Election- 04 March
Based on the above said notifications 21 Corporations, 138 Municipalities and 490 Town Panchayath polling has been over on 19th February.
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7. I respectfully state that, since the day, the election was announced by the 4th respondent the members of the ruling DMK party have been involved in Various illegal activities in all over tamilnadu. The same incidents took place in Various Wards of Sivakasi Corporation, where the Ruling DMK members intimidated the people who came to cast their votes and they were threaten the voters to vote DMK party candidates. They also demanded the withdrawal of persons who had filed nominations against the ruling party in various places of Tamilnadu during the filing of the nominations.
8. I respectfully state that, some sources said that, in this situation the candidates of the ruling party will announce their victory in the Sivakasi Corporation elections without Counting the Votes Properly. Free and fair elections are the very foundation of democratic institutions and just as it is said that justice must not only be done, but must also seem to be done; similarly, elections should not only be fairly and properly held, -8-
but also seem to be so conducted as to inspire confidence in the mind of the electors that everything has been done aboveboard and has been done to ensure free elections.’ This was observed by the Supreme Court in the case of Rampakavi Rayappa Belagali – Vs – B.D.Jatti & Others reported in 1970 (3) SCC 147. In the said case, the Supreme Court further held :
“It will be a sad day in the history of our country that the police and the Government Officers create even an impression that they are interfering for the benefit of one or the other candidate. This is particularly so if a candidate is holding an important position or assignment like respondent No.1, at the material time was Minister in the State.”
9. I respectfully state that, in order to uphold the majesty of law, rule of law and for maintenance of truth and functioning of democracy in the local body elections expected to be conducted under the superintendence, directions and control of the State -9-
Election Commission. The basic principle of the Constitution was to achieve the administration of local bodies to serve the public at the basic level for which Part IX (Panchayat) and Part IX-A (Municipality) consisting of Article 243 to 243ZG was incorporated effective from 24.4.93 to achieve a democratic and republican institution from its grass-root level. Hence I preferred a detail representation to the respondents on 19.02.2022 In furtherance of the same, the respondents has been turning a Nelson’s eye to the same.
Hence having no other effective and efficacious alternative remedy, I am constrained to approach this Hon’ble Court by invoking its extraordinary special original jurisdiction under Article 226 of the Constitution of India.
Hence it is therefore prayed that this Hon’ble Court maybe
pleased to appoint an ADVOCATE COMMISSIONER to ensure
free and fair counting of Urban Local Body Election 2022 for all -10-
48 Wards in the Sivakasi Corporation, pending disposal of the Writ Petition and thus render justice.

It is therefore prayed that this Hon’ble Court may be pleased
to issue a WRIT OF MANDAMUS directing the respondents herein to appoint Independent Central Government Officials in the counting centre of Urban Local Body Election-2022 with the help of independent Observers of the Central Government and Central Police Force instead of officials working under the Tamil Nadu State Government and also Video Graph the entire counting proceedings to ensure free and fair counting of Urban Local Body Election 2022 for all 48 Wards in the Sivakasi Corporation by considering the petitioner representation dated 19.02.2022 within the time stipulated by this Honorable Court and pass such further or other orders as this Hon’ble Court may -11-
deem fit and proper in the circumstances of the case and thus render justice.
Solemnly affirmed at Madurai On this 19th day of Feb-2022
and the contents of the affidavit is translated and explained in Tamil who having understood
the same put his signature in my presence Before me,
Advocate Madurai.

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