Local body election THE HON’BLE MR. JUSTICE M.DURAISWAMY AND THE HON’BLE MRS.JUSTICE T.V.THAMILSELVI W.P.Nos.3785, 3801, 3802 of 2022 and W.M.P.No.3913 of 2022 in W.P.No.3785 of 2022 and W.M.P.Nos.3926 of 2022 in W.P.No.3801 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2022
CORAM :
THE HON’BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON’BLE MRS.JUSTICE T.V.THAMILSELVI
W.P.Nos.3785, 3801, 3802 of 2022
and W.M.P.No.3913 of 2022 in W.P.No.3785 of 2022
and W.M.P.Nos.3926 of 2022 in W.P.No.3801 of 2022
W.P.No.3785 of 2022
G.Raghupathi .. Petitioner
Vs.
1.The Secretary to Government,
Ministry of Home Affairs,
Government of India, North Block,
New Delhi – 110 001.
2.Tamil Nadu State Election Commission,
206/N, Jawaharlal Nehru Road,
Jai Nagar, Arumbakkam,
Chennai – 600 106.
3.The Director General of Police (Tamil Nadu),
Radhakrishnan Salai,
Chennai – 600 004.
4.Directorate General,
Central Reserve Police Force,
Block No.1, C.G.O. Complex, Lodhi Road,
New Delhi – 110 003.
5.The Secretary to Government,
Home Department,
Secretariat, Fort St.George,
Chennai – 600 009.
6.Senthil Balaji .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus to direct the respondents 2, 3 & 5 to adopt and implement the foolproof procedures/methods to ensure free and fair elections in all booths in Coimbatore District and also to adopt the measures as directed by this Court in the judgment reported in S.Saidai Sampath & Ors. Vs. The Chief Election Commissioner, TN State Election Commission & Ors. CDJ 2011 MHC 6874 and to provide extra police protection or Central Para Military Force in all the sensitive polling stations and install surveillance cameras in and around the polling stations, all sensitive areas and install web camera and video camera in the counting place to avert poll related violence namely booth capturing bogus voting etc, in order to ensure free and fair elections.
For Petitioner : Mr.Jayanth Muth, Senior Counsel
for Mr.N.Inbanathan
For Respondents : Mr.R.Shanmugasundaram, Advocate General
Assisted by Mr.J.Ravindran,
Additional Advocate General
assisted by Mr.P.Muthu Kumar,
Government Pleader (R5)
Mr.P.S.Raman, Senior Counsel
Assisted by Mr.Shivashanmugam (R2)
Mr.P.Wilson, Senior Counsel
Assisted by Mr.Hasan Mohamed Jinnah,
Public Prosecutor (R3)
W.P.No.3801 of 2022
T.Sivakumar .. Petitioner
Vs.
1.State of Tamil Nadu,
rep by the Secretary to Government,
Public (Elections) Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Chief Election Commissioner,
No.208/2, Jawaharlal Road,
Arumbakkam, Chennai – 600 106.
3.The State Chief Election Observer,
No.208/2, Jawaharlal Road,
Arumbakkam, Chennai – 600 106.
4.K.Anbu .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus (i) directing the respondents 2 & 3 to postpone the local body elections for Ward No.1, Vellore Corporation, Vellore District, Tamil Nadu scheduled to be held on 19.02.2022 (ii) directing the respondents 1 to 3 to hold and enquiry into allegations against the respondent no.4 and take appropriate action against the respondent no.4 including but not limited to disqualifying the respondent no.4 from contesting the aforesaid elections; or (iii) directing the respondents 1 to 3 to keep the declaration of results of the local body elections in Vellore District to be held on 19.02.2022 in abeyance till the completion of enquiry into the allegations against the respondent no.4.
For Petitioner : Mr.Bhuvan Mishra
for Mr.R.Krishnakumar
For Respondents : Mr.R.Shanmugasundaram, Advocate General
Assisted by Mr.J.Ravindran,
Additional Advocate General
Assisted by Mr.P.Muthu Kumar,
Government Pleader (R1)
Mr.P.S.Raman, Senior Counsel
Assisted by Mr.Shivashanmugam (R2)
Mr.P.Wilson, Senior Counsel
Assisted by Mr.Hasan Mohamed Jinnah,
Public Prosecutor (R3)
W.P.No.3802 of 2022
R.Murugesan .. Petitioner
Vs.
1.The Secretary to Government,
Home Department,
Government of Tamil Nadu,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Secretary to Government,
Ministry of Home Affairs,
Government of India, North Block,
New Delhi – 110 001.
3.Tamil Nadu State Election Commission,
206/N, Jawaharlal Nehru Road,
Jai Nagar, Arumbakkam,
Chennai – 600 106.
4.The Director General of Police (Tamil Nadu),
Radhakrishnan Salai,
Chennai – 600 004.
5.Directorate General,
Central Reserve Police Force,
Block No.1, C.G.O. Complex, Lodhi Road,
New Delhi – 110 003. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the respondents 1, 3 & 4 to (a) deploy para-military forces or other forces not under the control of State Government, (b) full and complete installation of CCTV cameras in roads leading to voting centres/booths and important areas (c) videotaping /recording and webcasting of voting process of all booths (d) appointment of independent election observers and maintaining of strong rooms where ballot boxes are stored.
For Petitioner : Mr.V.Raghavachari
and Mr.Naveen Kumar Moorthy
for M/s.P.P.Purushothaman
For Respondents : Mr.R.Shanmugasundaram,
Advocate General,
Assisted by Mr.J.Ravindran,
Additional Advocate General
assisted by Mr.P.Muthu Kumar,
Government Pleader (R1)
Mr.P.S.Raman, Senior Counsel
Assisted by Mr.Shivashanmugam (R3)
Mr.P.Wilson, Senior Counsel
Assisted by Mr.Hasan Mohamed Jinnah,
Public Prosecutor (R4)
COMMON ORDER
(ORDER OF THE COURT MADE BY M.DURAISWAMY,J.)
The above Writ Petitions are listed before this Bench after obtaining permission from the Hon’ble The Chief Justice.
2.W.P.No.3785 of 2022 has been filed by the petitioner, viz., G.Raghupathi, to issue a Writ of Mandamus directing the respondents 2, 3 & 5 to adopt and implement the foolproof procedures/methods to ensure free and fair elections in all booths in Coimbatore District and also to adopt the measures as directed by this Court in the judgment reported in S.Saidai Sampath & Ors. Vs. The Chief Election Commissioner, TN State Election Commission & Ors. CDJ 2011 MHC 6874 and to provide extra police protection or Central Para Military Force in all the sensitive polling stations and install surveillance cameras in and around the polling stations, all sensitive areas and install web camera and video camera in the counting place to avert poll related violence, namely, booth capturing, bogus voting, etc., in order to ensure free and fair elections.
3.W.P.No.3801 of 2022 has been filed by the petitioner, viz., T.Sivakumar, to issue a Writ of Mandamus for the following prayers:-
(i) directing the respondents 2 & 3 to postpone the local body elections for Ward No.1, Vellore Corporation, Vellore District, Tamil Nadu scheduled to be held on 19.02.2022;
(ii) directing the respondents 1 to 3 to hold and enquiry into the allegations against the respondent no.4 and take appropriate action against the respondent no.4, including but not limited to disqualifying the respondent no.4 from contesting the aforesaid elections; or
(iii) directing the respondents 1 to 3 to keep the declaration of results of the local body elections in Vellore District to be held on 19.02.2022 in abeyance till the completion of enquiry into the allegations against the respondent no.4.
4.The 2nd respondent, the Chief Election Commissioner had notified the local body elections and the election is scheduled to be held on 19.02.2022 i.e. tomorrow. In the 11th hour, the petitioner has filed the above Writ Petition seeking to postpone the local body election for Ward No.1, Vellore Corporation, Vellore District, Tamil Nadu. When the election notification has already been issued and it is scheduled to be held tomorrow i.e. 19.02.2022, the same cannot be stalled by this Court. In such view of the matter, the prayer sought for in the Writ Petition in W.P.No.3801 of 2022 cannot be granted.
5.W.P.No.3802 of 2022 has been filed by the petitioner, viz., R.Murugesan to issue a writ of mandamus directing the respondents 1, 3 & 4 to (a) deploy para-military forces or other forces not under the control of State Government; (b) full and complete installation of CCTV cameras in roads leading to voting centres/booths and important areas (c) videotaping/recording and webcasting of voting process of all booths and (d) appointment of independent election observers and maintaining of strong rooms where ballot boxes are stored.
6.The 2nd respondent, Tamil Nadu State Election Commission issued notification for conducting the local body election on 19.02.2022. The petitioner in W.P. No.3785 of 2022 made some allegations against the ruling party and that some persons are threatening and intimidating the candidates. The petitioner has also averred that some persons are distributing free gifts in the nature of hot boxes and silver anklets, etc., to the general public with a view to win their votes in an illegal manner and are causing brutal attack on the members of the opposition party. In order to conduct free and fair election, the petitioner has filed the said Writ Petition seeking for the reliefs as stated above.
7.Similarly, in W.P.No.3802 of 2022, the petitioner has made allegations similar to the allegations made in W.P.No.3785 of 2022. In the affidavit filed in support of the Writ Petition, the petitioner has stated that it is essential to conduct free and fair local body elections peacefully without any interference of the ruling party and that sufficient safeguard, including deploying C.R.P.F., CCTV, Videography, appointment of independent election observers, should be done.
8.Mr.P.S.Raman, learned Senior Counsel appearing on behalf of Mr.Shivashanmugam, learned counsel appearing for the Tamil Nadu State Election Commission submitted that Election Commission would conduct the local body elections in the State of Tamil Nadu in a free and fair manner following the directions given by the Division Bench of this Court in S.Saidai Sampath & others Vs. The Chief Election Commissioner, Tamil Nadu and others reported in CDJ 2011 MHC 6874 and also the order of the Division Bench of this court dated 03.01.2022 made in W.P.No.27138 of 2021 [All India Anna Dravida Munetra Kazhagam, rep. by its Party Organizational Secretary, D.Jayakumar, No.226, Avvai Shanmugam Salai, Royapettah, Chennai 600 014 Vs. 1. Tamil Nadu State Election Commission, Rep. by Tamil Nadu State Election Commissioner, No.208/2, Jawaharlal Nehru Road, Opp. To CMBT, Arumbakkam, Chennai 600 106 and another]
9.Mr.P.Wilson, learned Senior Counsel appearing for Mr. Hasan Mohamed Jinnah, learned Public Prosecutor appearing for the Director General of Police (Tamil Nadu), submitted that the Tamil Nadu police would take all necessary steps for maintaining law and order in a proper manner and that there is no necessity for deploying the police personnel from other States or to deploy the C.R.P.F. However, in the case of necessity, the Secretary to Government, Home Department and the Director General of Police (Tamil Nadu), in consultation with the Tamil Nadu State Election Commission, may deploy necessary personnel from the C.R.P.F.
10.It is also brought to the notice of this Court that the Director General of Police (Tamil Nadu) had already constituted Quick Reaction Team in the District of Coimbatore to maintain law and order.
11.In the judgment reported in CDJ 2011 MHC 6874 [S. Saidai Sampath & Others Versus The Chief Election Commissioner, Tamilnadu State Election Commission, Chennai & Others], the Division Bench of this Court held as follows:-
“…
- For all the above reasons, we dispose of these writ petitions by issuing the following directions:-
i) The respondents shall strictly comply with the commitments made in the counter affidavits filed by the first respondent as also the commitments made in the Circular No.C68/2011 dated 09.10.2011 issued by the first respondent.
ii) The polling in all booths in the Chennai City Municipal Corporation area shall be compulsorily videographed. Simultaneously, the respondents shall examine the feasibility of webcasting the election in the Chennai City Municipal Corporation area and the same if found feasible shall be implemented, which shall be in addition to videography.
iii) The State Election Commissioner shall issue a notification by 15.10.2011 indicating the sensitive booths in the rest of the State where videographing of the polling shall be compulsorily done and giving a direction to the respective District Collectors to webcast the polling process, if found feasible.
iv)The State Election Commissioners of other States who have been invited to observe the election process are designated as independent observers and they shall be assigned areas for observation in such a manner the entire State is covered and such independent observers shall submit their reports to the State Election Commissioner.
v) The Police personnel who are drafted/requisitioned from the State of Karnataka, Kerala and Maharashtra shall be uniformly distributed so as to ensure that all polling booths which have been declared as sensitive areas shall be posted with such police personnel along with the State police. The first respondent may also requisition and deploy C.R.P.F personnel, if necessary, in order to avoid any untoward incident.
vi) The State Election Commissioner shall take such other steps that may be required to ensure the conduct of elections in a free and fair manner without giving any room for complaints. No costs. Consequently connected miscellaneous petitions are closed.”
12.In the unreported judgment of this Court dated 03.01.2022 made in WP.No.27138 of 2021 [All India Anna Dravida Munetra Kazhagam, rep. by its Party Organizational Secretary, D.Jayakumar, No.226, Avvai Shanmugam Salai, Royapettah, Chennai 600 014 Vs. 1. Tamil Nadu State Election Commission, Rep. by Tamil Nadu State Election Commissioner, No.208/2, Jawaharlal Nehru Road, Opp. To CMBT, Arumbakkam, Chennai 600 106 and another], the Hon’ble First Bench held as follows :-
“…
- We find that for ensuring free and fair election, the State Election Commission has already issued guidelines and learned counsel appearing for the Commission has agreed to cover every stage of the election under CCTV, which is from the stage of nomination by the candidates, followed by polling of the votes and thereupon, keeping the boxes under safe custody in the strong room and finally, the stage of counting of votes and declaration of results. In fact, the State Election Commission has agreed to cover the entire election process under CCTV to have free and fair elections.
- In view of the above, no discussion is required to be made and accordingly, we dispose of this writ petition with a direction to the respondent State Election Commission to ensure compliance of the guidelines issued by them for holding free and fair election of the Urban Local Bodies in the State of Tamil Nadu. The State Election Commission would cover the election under the CCTV from the stage of nomination by the candidates, followed by the polling of votes and after the polling, videograph the area of the strong room inside and outside and finally, counting of votes and declaration of results thereupon. There will be no order as to costs.”
13.Since Mr. P.S.Raman, learned Senior Counsel appearing for the Tamil Nadu State Election Commission, Mr.R.Shanmugasundaram, learned Advocate General appearing for the Secretary to the Government, Home Department and Mr.P.Wilson, learned Senior Counsel appearing for the Director General of Police (Tamil Nadu), submitted that the election would be conducted in a free and fair manner and that the law and order in the State would be maintained by deploying sufficient number of State Police Personnel, we do not find any reason to give any further direction to the respondents.
14.In the result, recording the submissions made by the learned counsel appearing for the respondents, the Writ Petitions in W.P.Nos. 3785 of 2022 and 3802 of 2022 are disposed of. For the reasons stated above, the Writ Petition in W.P.No.3801 of 2022 stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
Index : Yes/No [M.D., J.] [T.V.T.S., J.]
Rj/va 18.02.2022
Note: Registry is directed to upload the order copy in the website today itself.
To
1.The Secretary to Government,
Ministry of Home Affairs,
Government of India, North Block,
New Delhi – 110 001.
2.Tamil Nadu State Election Commission,
206/N, Jawaharlal Nehru Road,
Jai Nagar, Arumbakkam,
Chennai – 600 106.
3.The Director General of Police (Tamil Nadu),
Radhakrishnan Salai, Chennai – 600 004.
4.The Directorate General,
Central Reserve Police Force,
Block No.1, C.G.O. Complex, Lodhi Road,
New Delhi – 110 003.
5.The Secretary to Government,
Home Department,
Secretariat, Fort St.George, Chennai – 600 009.
6.The Secretary to Government,
State of Tamil Nadu,
Public (Elections) Department,
Secretariat, Fort St.George, Chennai – 600 009.
7.The Chief Election Commissioner,
No.208/2, Jawaharlal Road,
Arumbakkam, Chennai – 600 106.
8.The State Chief Election Observer,
No.208/2, Jawaharlal Road,
Arumbakkam, Chennai – 600 106.
M.DURAISWAMY, J.
and
T.V.THAMILSELVI, J.
Rj/va
W.P.Nos.3785, 3801, 3802 of 2022
and W.M.P.No.3913 of 2022
in W.P.No.3785 of 2022
and W.M.P.Nos.3926 of 2022
in W.P.No.3801 of 2022
18.02.2022
