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2022 Supreme(Mad) 243

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Duraiswamy, T.V. Thamilselvi, JJ.
G. Raghupathi & Others – Petitioners
Versus
The Secretary to Government, Government of India, New Delhi & Others - Respondents
W.P. Nos. 3785, 3801, 3802 of 2022 & W.M.P. Nos. 3913, 3926 of 2022
Decided On : 18-02-2022

Advocate Appeared:
For the Petitioner:Jayanth Muth, Senior Counsel, N. Inbanathan, Bhuvan Mishra, R. Krishnakumar, V. Raghavachari, Naveen Kumar Moorthy for M/s. P.P. Purushothaman, Advocates.
For the Respondent:R. Shanmugasundaram, Advocate General Assisted by J. Ravindran, Additional Advocate General Assisted by P. Muthu Kumar, Government Pleader, P.S. Raman, Senior Counsel Assisted by Shivashanmugam, P. Wilson, Senior Counsel Assisted by Hasan Mohamed Jinnah, Public Prosecutor.

Headnote:

Constitution of India,1950 - Article 226 - Petition filed under Article 226 of Constitution of India praying for issuance of writ of mandamus to direct respondents 2, 3 & 5 to adopt and implement foolproof procedures/methods to ensure free and fair elections in all booths in Coimbatore District and also to adopt measures as directed by - Court in judgment reported in Chief Election Commissioner TN State Election Commission and to provide extra police protection or Central Para Military Force in all sensitive polling stations and install surveillance cameras in and around polling stations all sensitive areas and install web camera and video camera in counting place to avert poll related violence namely booth capturing bogus voting etc, in order to ensure free and fair elections – Held, writ petition with a direction to respondent State Election Commission to ensure compliance of guidelines issued by them for holding free and fair election of Urban Local Bodies in State of Tamil Nadu - State Election Commission would cover election under CCTV from stage of nomination by candidates followed by polling of votes and after polling videograph area of strong room inside and outside and finally counting of votes and declaration of results thereupon - There will be no order as to costs.- learned Senior Counsel appearing for Director General of Police (Tamil Nadu) submitted that election would be conducted in a free and fair manner and that law and order in State would be maintained by deploying sufficient number of State Police Personnel Court do not find any reason to give any further direction to respondents - Writ Petitions in W.P.Nos. 3785 of 2022 and 3802 of 2022 are disposed of. -

ORDER :

M. Duraiswamy, J.

(Prayer: 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.

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.

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.)

1. 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 Ele

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