ORDER :

S. Manikumar, J.

1. Instant Public Interest Litigation has been filed for the following Prayers:-

“(A) To publish the giving and receiving cash for vote is punishable offence in TV, News Papers, Radio and Display Board;

(B) To increase the number of flying squad appointed by Election Commission to control cash for vote to monitoring;

(C) To publish the contact number of flying squad to complaint against the cash for vote;

(D) To Register case against the head of political party who installs temporary or permanent flex boards I hoardings and establishes temporary dais for political meeting in the middle of the road or Pathway or junction or Bazaar by affecting traffic; and

(E) If election is postponed or cancelled for the reason of distribution of cash for vote or for deviating any Election Rules the huge money spent for election by Government will be recovered from the candidate I Head of political party.”

2. Case of the petitioner is that there are newspapers reports in all the leading newspapers and T.V. Channels, regarding cash for vote exists in Bye Elections and Lok Sabha, Elections and State Assembly Elections. A survey report also speak about the increasing cash for vote practice in Tamilnadu. According to him, corruption and vote for cash, being practiced in all the elections in Tamilnadu. If one political party has a overwhelming superiority in money, newspapers support and give patronage, and it will be almost impossible, barring an economic collapse, for it ever to be defeated. This would result in some voters being denied an equal voice and some candidates, denied equal chance. Since taking money for casting votes in favour of a candidate is a mean act like auctioning the self esteem of an individual, voters should shun cash, for votes. Indian Democracy is the biggest democracy in the world. Meaning of democracy is by the people for the people and of the people. So, pay and get cash for casting vote is ugly one.

3. Petitioner has further submitted that all the political parties openly paid cash for vote, to the voters-in Madurai, Thirumangalam Bye Election held on 2009. A main major political party paid Rs. 5,000/- each to the voters to caste their vote, to their favoured candidates. The election commission hands were tied and election commission officials were seen as silent spectators in Madurai, Thirumangalam Bye Election constituency. These news reported in all the leading newspapers all over India and the elected candidates failed to submit the election expenses in a proper manner and accounts submitted were totally not true and bona fide one. The Election Commission did not take any action on the elected candidate.

4. The petitioner has further submitted that Madurai Thirumangalam Bye Election in the year 2009 in the root cause of case, for vote practice in Tamilnadu and earned a name, as Thirumangalam formula. Since the Election Commission has not taken a stringent action, Thirumangalam formula method spreaded all over India. In 2009 Parliamentary Election, as Major Political Party in Madurai District gave Rs. 500/-, as a bribe to each voter. Even in 2014 Parliamentary Election, two major political parties gave Rs. 200/- as bribe to each voter. At that point of time, these news were reported in all the leading newspapers all over India. The Election Commission officials failed to control cash for vote practice and the officials were threatened by a major political party, which caused major law and order problems and made disturbances to a common man. The people ran from pillar to post and police made lathi charge in many places. But the Election Commission did not take any action on the elected candidate.

5. The petitioner has further submitted that on 21.04.2014, 22.04.2014 and 23.04.2014 AIADMK party men distributed Rs. 200/- for a vote to the people of Madurai Constituency. All leading newspapers published the news in Madurai. Some people caught hold of AIADMK men and handed over to the police. But, the poli