JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to provide uninterrupted and additional reinforcement of police force and also for total coverage throughout the election process on 19.02.2022 in Ward No.117.)

1. The writ petition has been filed seeking a direction to the respondents to provide uninterrupted and additional reinforcement of police force and total coverage throughout the election process scheduled to be held on 19.02.2022, in Ward No.117.

2. Learned counsel for the petitioner submits that a complaint was lodged against the opponent contestant belonging to ruling party for affixing their posters on the posters already affixed by the petitioner. The petitioner has also made a representation to the respondents 1 and 2 in this regard. The petitioner has filed certain photographs to demonstrate the aforesaid action of the opponent contestant.

3. Learned counsel for the Tamil Nadu State Election Commission and the Chennai Corporation would state that affixing posters on walls in public property or private property, without permission, is an offence and liable for prosecution under the provisions of the Tamilnadu Open Places (Prevention of Disfigurement) Act, 1959 and is in breach of the circular issued by the Tamil Nadu State Election Commission on 30.11.2021 deprecating the unhealthy practice of disfigurement/defacement of public and private properties during the election campaign and directing the authorities to take necessary immediate action.

4. We have considered the submissions and also perused the records.

5. On perusal of the photographs filed in the typed set of papers, we find that posters have been affixed by the candidates on the walls, including the wall of the office of Ward No.117 of Chennai Corporation. Affixing posters on the wall belonging to the public office or even private office without appropriate permission is prohibited.

6. In view of the above, the petitioner was asked to show the permission obtained by him for affixing the poster or even a small sticker. The petitioner could not show any permission obtained by him in that regard. We find that the petitioner has also affixed his poster on the poster already affixed by the opponent contestant. Thus, we do not find any substance in the allegation made by the petitioner and for grant of prayer in this petition, otherwise no ground is made out.

7. It is disheartening to note that in the name of election, the candidates are affixing posters on the walls belonging to public or private property, without appropriate permission, thereby disfiguring the open places of the city. For that purpose, the Tamil Nadu State Election Commission and the Commissioner of Police, Chennai City are directed to ensure the strict compliance of the Act of 1959 and the circular dated 30.11.2021 issued by the Tamil Nadu State Election Commission by not allowing any candidate to affix poster either on the wall belonging to the public or the private property without proper permission and even ensure prosecution of such person for flouting the rules, by registering complaints on the candidates concerned. In this context, the relevant portion of the circular dated 30.11.2021 is reproduced hereunder:

"3) Both the Public and Private places are disfigured at the time of election by way of pasting election advertisement or posters and writings on the walls and rocks in violation of the Model Code of Conduct. Needless to say that this spoils the beauty of the towns and cities and causes loss to the private house owners who keep their houses and walls neatly. In order to prevent such disfigurement, the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 (Tamil Nadu Act 2 of 1959) provides that disfigurement of any public or private place is an offence and punishable with imprisonment which may extend to one year or with fine which may extend to Five thousand rupees or with both. The offences