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2023 Supreme(Online)(MAD) 43364

MADURAI BENCH OF MADRAS HIGH COURT
N.Sankarapandiyan – Appellant
Versus
The Election Commissioner – Respondent
CRP(MD) 2988 2023



C.R.P.(MD)No.2988 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED:23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

C.R.P.(MD)No.2988 of 2023

N.Sankarapandiyan

: Petitioner

Vs.

1.The Election Commissioner,

Tamil Nadu State Election Commission,

Chennai.

2.The District Election Officer/

District Collector,

Virudhunagar,

Virudhunagar District.

3.The Returning Officer/

Block Development Officer,

O.Kovilpatti Village Union,

Virudhunagar District.

4.R.Muthupandi

: Respondents

PRAYER:- Civil Revision Petition is filed under Article 227 of the

Constitution of India to direct the Election Court by Principal District

and Sessions Judge, Virudhunagar District at Srivilliputhur to dispose of

E.O.P.No.53 of 2020, pending on the file of the Election Court by

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C.R.P.(MD)No.2988 of 2023

Principal District and Sessions Judge, Virudhunagar District at

Srivilliputhur in a speedy manner within a time frame as fixed by this

Court.

For Petitioner

: Mr.K.Seenu Ramachandran

For Respondents

:Mr.A.Baskaran

Additional Government Pleader

for R.1 to R.3

ORDER

The Civil Revision Petition has been filed seeking a direction to

dispose of E.O.P.No.53 of 2020, pending on the file of the Election Court

/ Principal District and Sessions Court, Virudhunagar District at

Srivilliputhur, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the

revision petitioner and the learned Additional Government Pleader, who

takes notice for the respondents 1 to 3. Since the revision petition is filed

for early disposal of the case, the issuance of notice to the fourth

respondent is not necessary.

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C.R.P.(MD)No.2988 of 2023

3. The revision petitioner has filed an election petition in E.O.P.

No.53 of 2020, challenging the election of the fourth respondent at Ward

No.1 to O.Kovilpatti Village Panchayat. The learned Counsel for the

petitioner would submit that after conducting enquiry, the learned

Principal District Judge has passed an order dated 26.04.2023 directing

the respondents to produce the video footages of counting of votes to the

Ward No.1 to O.Kovilpatti Village Panchayat conducted on 02.01.2020

on or before 05.06.2023 and that since the said direction was not

complied with and the case is being adjourned again, the petitioner was

constrained to file the above application seeking speedy disposal of the

above election petition.

4. When the matter was taken up on 15.11.2023, the learned

Additional Government Pleader has taken notice and sought time for

getting instructions. In pursuance of the same, when the matter is taken

up today, the learned Additional Government Pleader would submit that

in pursuance of the directions of the Principal District Court, the CCTV

footage has been produced in Pen drive and he produced a copy of the

letter sent by the Block Development Officer, Virudhunagar to the

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C.R.P.(MD)No.2988 of 2023

Principal District Judge, Srivilliputhur, wherein it has been shown that

they have enclosed the permission letter of the District Collector and the

Pen drive containing the video footage of counting of votes.

5. Considering the fact that the Election O.P., is pending from 2020

and taking note of the submission made by the learned Additional

Government Pleader with regard to the submission of the CCTV footage

as directed by the Principal District Judge, Srivilliputhur, the learned

Principal District Judge, Srivilliputhur is hereby directed to dispose of

E.O.P.No.53 of 2020, within a period of one month from the date of

receipt of a copy of this order.

6. With the above direction, the Civil Revision Petition is disposed

of. There shall be no order as to costs.

23.11.2023

Index : Yes : No

Internet : Yes : No

SSL

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