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
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