The fundamental right of citizens to cast their votes and the duty of the State to protect this right, as well as the significance of conducting elections according to fair procedures and preventing any attempt to infringe upon the voters' rights.

A.K. Ganguly, CJ.

1. Heard the learned counsel for the parties. This writ petition has been filed, in public interest, by one Mr. P.K. Sekar Babu, who claims to be a Member of the Tamil Nadu Legislative Assembly representing the Radhakrishnan Nagar Assembly Constituency. He has filed this petition in order to ensure free and fair elections to two wards of the Corporation of Chennai, viz. Ward Nos.18 and 44, in which elections are to be held on 19. 2008.

2. It appears that in Ward No.18, there are about 10,424 voters and there are about 12 polling booths. In Ward No.44, there are 8,872 voters and there are about 9 polling booths. Out of the 10,424 voters in Ward No.18, there are 5,195 men voters and 5,229 women voters. Out of the 8,872 voters in Ward No.44, there are 4,548 men voters and 4,324 women voters. Out of the polling booths which have been set up in these two wards, there are some polling booths which are meant solely for women and there are some solely for men and there are some in which both men and women can cast their votes. In all, it is going to be an election in which only there 19,296 voters divided into 21 booths. Therefore, the arrangement is for about 900 voters per booth. Admittedly, the elections will be conducted using the Electronic Voting Machines.

3. Learned counsel for the writ petitioner submits that he apprehends that the elections will not be conducted in a free and fair manner. According to him, large number of antisocial elements, who are outsiders, are being allowed to enter the two wards in question and they will threaten and intimidate the genuine voters and will invade the rights of the voters to exercise their franchise. It is submitted that apprehending such eventualities, the petitioner has made a detailed representation to the State Election Commissioner and also to the Chief Secretary of the State Government on 9. 2008. It is also submitted that in the last elections which took place to the Corporation of Chennai, several irregularities were committed and after the elections were held, a writ petition challenging the said elections was filed before this Court and this Court, by a majority opinion by two learned Judges, as against one was pleased to hold that the elections were not conducted in a free and fair manner and consequently, the election in several wards was set aside. Learned counsel for the petitioner submits that the same thing may be repeated this year too.

4. Learned Government Pleader appearing on behalf of the respondents, on the other hand, submits that for this year, in order to ensure free and fair elections, two senior I.A.S. Officers have been appointed Election Observers. For Ward No.18, one Shri. P.M. Basheer Ahmed, I.A.S. has been appointed an Observer. He has given his first report about changing of some arrangements in certain booths falling within Ward No.18. The other Observer who has been appointed in respect of Ward No.44 is one Shri. Kosalaraman. He has also given his report in order to ensure free and fair elections. Learned Government Pleader further submits that the entire election process will be videographed and the Chennai City Police has come out with a Bundobast Scheme for holding such elections. He has handed over to us a booklet containing such scheme with various guidelines. Learned Government Pleader also submitted that the phone numbers of these two Observers have been already announced in newspapers and in case of any attempt to fudge the election process by anybody, these Observers can be immediately contacted and a complaint can be lodged. Learned Government Pleader submitted that all steps have been taken to ensure free and fair elections.

5. Learned counsel for the petitioner submitted that in the past also, similar assurance was given to the Court, which has been recorded in the order of a Division Bench of this Court dated 110. 2006 passed in Writ Petition No.38702 of 2006. The said assurance is to the following effect :-

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