Election process immune from judicial interference once commenced; nomination extension not permissible.

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to extend the nomination filing period fixed from 30.03.2026 to 06.04.2026 for the Tamil Nadu Legislative Assembly Election, 2026, by considering the petitioner’s representation dated 23.03.2026 within a time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.V.Sorimuthu (Through Video Conferencing)

For Respondents : Mr.Niranjan Rajagopalan ORDER (Order of the Court was made by the Hon'ble Chief Justice)

The writ petition under Article 226 of the Constitution of India has been filed seeking direction to respondents to extend the nomination filing period fixed from 30.03.2026 to 06.04.2026 for the Tamil Nadu Legislative Assembly Election, 2026, by considering the petitioner’s representation dated 23.03.2026

2. The Election Commission of India has announced schedule for General Elections on 15.03.2026, in compliance with Section 30 of the Representation of the People Act, 1951, which is reproduced below:

“30. Appointment of dates for nominations, etc.—

As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint—

(a) the last date for making nominations, which shall be the seventh day after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(b) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(c) the last date for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the fourteenth day after the last date for the withdrawal of candidatures; and (e) the date before which the election shall be completed.”

3. It is trite that once the election process has commenced, the invocation of judicial remedy has to be postponed till the completing of proceedings in elections. The Supreme Court in Election Commission of India v. Ashok Kumar, (2000) 8 SCC 216, held thus:

“32. For convenience sake we would now generally sum up our conclusions by partly restating what the two Constitution Benches have already said and then adding by clarifying what follows therefrom in view of the analysis made by us hereinabove:

(1) If an election, (the term election being widely interpreted so as to include all steps and entire proceedings commencing from the date of notification of election till the date of declaration of result) is to be called in question and which questioning may have the effect of interrupting, obstructing or protracting the election proceedings in any manner, the invoking of judicial remedy has to be postponed till after the completing of proceedings in elections.

(2) Any decision sought and rendered will not amount to “calling in question an election” if it subserves the progress of the election and facilitates the completion of the election. Anything done towards completing or in furtherance of the election proceedings cannot be described as questioning the election.

(3) Subject to the above, the action taken or orders issued by Election Commission are open to judicial review on the well-settled parameters which enable judicial review of decisions of statutory bodies such as on a case of mala fide or arbitrary exercise of power being made out or the statutory body being shown to have acted in breach of law.

(4) Without interrupting, obstructing or delaying the progress of the election proceedings, judicial intervention is available if assistance of the court has been soug