H.G.RAMESH, K.RAVICHANDRA BAABU
Dravida Munnetra Kazhagam rep. by its Organization Secretary R. S. Bharathi – Appellant
Versus
Secretary Governor's Secretariat Raj Bhavan, Guindy Chennai – Respondent
HULUVADI G.RAMESH, J.
'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, 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.
2. Though the petitions have been filed by the respective political parties claiming the above reliefs, in toto or separately, in view of the fact that the relief sought for is almost identical in all the writ petitions, the matters are clubbed together and disposed of by this common order.
3. The above batch of writ petitions have been filed by the respective political parties in the State of Tamil Nadu praying this Court for the following reliefs :-
(i) To declare the Tamil Nadu Municipal Laws (2nd Amendment) Act, 2016 and the Tamil Nadu Panchayats (2nd Amendment) Act, 2016 as ultra vires the Constitution ;
(ii) To direct the
Indira Nehru Gandhi –Vs- Raj Narain (AIR 1975 SC 2299 : 1975 Supp. SCC 1)
LIC of India –Vs- Asha Ramachandra Ambekar reported in AIR 1994 SC 2148
Mohinder Singh Gill & Anr. –Vs- Chief Election Commissioner
Rampakavi Rayappa Belagali -Vs.- B.D.Jatti & Others reported in 1970 (3) SCC 147
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