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2026 Supreme(Online)(Mad) 34605

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
C.S.NandhaKumar – Appellant
Versus
Election Commission of India (ECI) – Respondent
W.P.No.15523 of 2026 | W.M.P.Nos.16743 and 16744 of 2026



Advocates:
For Petitioner: Mr. M.Raja Sekhar
For Respondents:Mr. Niranjan Rajagopalan Standing Counsel for R1, Mr. J.Ravindran Addl. Advocate General assisted by Mrs.E.Ranganayaki Addl. Government Pleader for R2 and R5, Mr. P.Kumaresan Addl. Advocate General assisted by Mrs.P.Veena Suresh Standing Counsel for R3 and R4

Tenders during elections cannot be finalized without ECI approval per guidelines.

Headnote:The petition under Article 226 challenges a tender-cum-auction notification issued during assembly elections, citing Election Commission guidelines, particularly Clause 17, prohibiting finalization of non-global tenders without prior approval. Facts involve a public interest litigation seeking to quash the notification dated 14.03.2026 and defer actions on properties until new government formation. Court notes non-compliance alleged but accepts respondents' undertaking. Issue framed as validity of tender finalization amid elections without ECI approval per Clause 17. Ratio emphasizes adherence to ECI guidelines on tenders during elections; evaluation permitted but finalization requires Commission approval, ensuring electoral integrity. Writ petition disposed of based on respondents' submission that tender will not be finalized without ECI approval; no order as to costs.

Table of Content
1. challenges tender notification during elections under article 226. (Para 2)
2. petitioner cites eci clause 17 prohibiting tender finalization. (Para 3)
3. respondents undertake no finalization without eci approval; petition disposed. (Para 4 , 5)

2. This writ petition, styled as public interest litigation, filed under Article 226 of the Constitution of India challenges the tender- cum-auction notification dated 14.3.2026 issued by the fourth respondent with a further direction to respondents 2 to 5 to defer all further action in respect of the properties of the third respondent till the formation of new Government in the State of Tamil Nadu.

3. Learned counsel for the petitioner assails the impugned notification mainly on the ground that in view of the ensuing assembly election in the State of Tamil Nadu, the tender cannot be finalized in the light of the guidelines issued by the Election Commission of India, particularly, Clause 17, which provides that tenders other than global tenders, that are already floated may be evaluated, but not finalized without prior approval of the Commission. If they are not already floated, they shall not be floated without prior approval of the Commission. He would submit that, in this particular case, the authorities have not complied with Clause 17 and have not sought permission and the tender is likely to be opened on 29.04.2026.

4. Learned Additional Advocates-General appearing for respondents 2 and 5 and respondents 3 and 4, respectively, submit that the tender will not be finalized without seeking approval of the Election Commission of India.

5. In view of the said submission made by learned Additional Advocates-General, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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