Back
2017 Supreme(Mad) 3992
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.S. SIVAGNANAM, K. RAVICHANDRABAABU, JJ.
DRAVIDA MUNNETRA KAZHAGAM - Appellant
Versus
ELECTION COMMISSION OF INDIA - Respondent
Writ Misc. Petition 35080 of 2017 in W.P. No.27709 of 2017
Decided on : 13-12-2017
Advocate Appeared:
For the Appellant :M/s. R. Neelakandan, Advocate.
For the Respondent:Niranjan Rajagopal, Advocate.
Headnote:
Representation of the People Act, 1950 – Section 23 – Non-deletion of shifted voters – Miscellaneous petition is filed to reopen the writ petition, wherein an order was passed by the Honble First Bench, disposing the same as infructuous – Grievance of the petitioner in the writ petition was that in respect of No.11, Dr. Radhakrishnan Nagar Assembly Constituency, there were various discrepancies/errors such as "Double Entries", Multiple Entries", "Multiple voters with same voter identification numbers", "non-deletion of shifted voters" (Which are not deleted) "non-deletion of dead voters", which was published along with Supplementary List I followed by the Supplementary List published – Held, while court appreciate the steps taken by the petitioner in setting the electoral roll in order, court do expect the election commission to take severe action not only against such deleted voters (unless there are justifiable and genuine reasons to conclude that they are not at fault) and also against the person/persons/ political party or parties who were instrumental in effecting such inclusion of those illegal entries – Punishment against those persons must be of severe in nature even to an extent of banning them from voting or contesting the election permanently forever. – Unless such strong measures are taken and messages are sent, these sort of evil attempts will continue, which would only result in mockery on democracy. – Court strongly believe that the Election Commission will take all effective steps and ensure the people that a free and fair election will never be compromised on any account and the same will be achieved at any cost, as the election is the sole lifeline of democracy. – Court find no reason to entertain this miscellaneous petition any more. – Court make it clear that the respondents would strictly follow the instructions issued by the first respondent in respect of the disputed voters by making notable mark or affixing seal with prominence against these voters in the electoral rolls and circulating the same to all polling stations. – Respondents will also supply the same to all contestants and conduct the election in a free and fair manner. – Miscellaneous Petition Disposed of
K. RAVICHANDRABAABU, J.
1. This miscellaneous petition is filed to reopen the writ petition, wherein an order was passed by the Hon'ble First Bench on 21.11.2017, disposing the same as infructuous.
2. The petitioner herein as the writ petitioner filed the said writ petition for a mandamus as follows:
To direct the respondents to carry out purification of voters lists lists of the No.11, Dr.Radhakrishnan Nagar Assembly Constituency on the basis of which the by-election is to be conducted by deleting "Double Entries", Absent," "Multiple Entries", "Shifted", "Multiple voters with same voter identification numbers", "Dead" voters, etc., in respect of No.11, Dr. Radhakrishnan Nagar Assembly Constituency, by constituting a special team under the first respondent before conducting the by-election to the said Assembly Constituency.
3. The grievance of the petitioner in the writ petition was that in respect of No.11, Dr. Radhakrishnan Nagar Assembly Constituency, there were various discrepancies/errors such as "Double Entries", Multiple Entries", "Multiple voters with same voter identification numbers", "non-deletion of shifted voters" (Which are not deleted) "non-deletion of dead voters", which was published on 05.01.2017 along with Supplementary List I followed by the Supplementary List published on 23.03.2017.
4. It was the case of the petitioner in the writ petition that subsequently another draft voters list dated 03.10.2017 was published by the Election Commission of India and the same was also replete with the same number of bogus voters. Thus, it was stated by the petitioner that as their repeated representations given to correct the mistakes/errors in the voters list were not considered, they approached this Court and filed the writ petition.
5. The said writ petition was heard by the Hon'ble First Bench of this Court. After hearing both sides, the Hon'ble First Bench disposed the writ petition on 21.11.2017, wherein at paragraph Nos.3 to 8, it has been observed as follows:
"3. The District Election Officer, had, after conducting field verification of the list received from the petitioner-Party, submitted the following report:
| Sl. No. | Details | Nos. |
| 1. | Total names in the ASD list submitted by the DMK Party | 44,999 |
| 2. | Names without Sl.No., Part No., or EPIC Number | 3,754 |
| 3. | Entry made in the Database | 41,245 |
|
| (i) As per BLO verification names to be deleted | 17,510 |
|
| (ii) As per BLO verification names to be retained | 23,735 |
4. Thereafter, the petitioner-Party again represented, after which it was proposed to conduct 100% door-to-door verification at No.11, Dr.Radhakrishnan Nagar Assembly Constituency. By a letter dated 21.11.2017, that is to-day, the District Election Officer and Commissioner, Greater Chennai Corporation, has informed the Chief Electoral Officer and Principal Secretary to the Government, Public (Elections-I) Department, that verification of the list of bogus/ineligible voters submitted by the DMK Party had been completed and a total of 45,819 names had been deleted. This had been done after 100% field verification by 256 Booth Level Officers, further super-checked by 25 Supervisors and cursory verification by the Assistant Electoral Registration Officer of No.11, Dr.Radhakrishnan Nagar Assembly Constituency. As per the aforesaid communication from the District Election Officer and Commissioner, Greater Chennai Corporation to the Chief Electoral Officer and Principal Secretary to the Government, Public (Elections-I) Department, the large scale deletion occurred due to the frequent migration of urban public and also death of electors. The break-up as given in the said letter is as follows:
| Shifted | 38,319 |
| Dead | 3,818 |
| Double Entry | 3,682 |
| Total |
|
