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2026 Supreme(Online)(Mad) 41493

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G. Arul Murugan, J
S. Lakshmanan – Appellant
Versus
The Chief Election Commissioner of India – Respondent
W.P.No.17679 of 2026



Advocates:
For the Appellants/Petitioners: Mr. V. Chandrasekaran, Mr. Niranjan S. Kumar
For the Respondents: Mr. Niranjan Rajagopalan

Once an election process is over, courts cannot grant post-poll relief under Article 226 to conduct fresh polling.

Headnote:The plaintiff sought relief under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to compel the election authorities to conduct fresh polling in six specific hamlets that are geographically part of Pudhukottai District but electorally attached to Tirupattur constituency in Sivaganga District. The court held that once an election process has concluded and results of the Tamil Nadu Assembly election are scheduled for declaration on 4th May, 2026, the jurisdiction under Article 226 cannot be invoked to interfere after the conclusion of the polling process. The court dismissed the petition and refrained from making any observation on the merit of the petitioner's representation. The factual matrix reveals that the residents of the six hamlets had collectively abstained from voting and subsequently sought fresh polling due to long-standing administrative grievances, while the law mandates that such post-election relief cannot be granted.

Table of Content
1. geographical and electoral discrepancy affecting voter participation. (Para 1 , 2)
2. no post-election interference under writ jurisdiction. (Para 3)

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to conduct fresh polling in the six hamlets, namely R.Balakurichy, R.Seegampatti, Regunathapatti, Vairanpatti, Vidathalampatti and Gopalpatti, geographically situated in Pudhukottai District, and electorally a part of (185)-Tirupattur Legislative Assembly Constituency, Sivaganga District, and count the votes so polled along with the scheduled counting on 4th May, 2026 as per the Election Notification issued by the 1st respondent, so as to ensure effective participation of eligible electors, and to safeguard the constitutional right to vote based on the petitioner's representation date 27.04.2026 within such time frame as may be fixed by this Hon'ble Court.

For Petitioner: Mr.V.Chandrasekaran Senior Panel Counsel for Mr.Niranjan S.Kumar For Respondents: Mr.Niranjan Rajagopalan Standing Counsel ORDER (Order of the Court was made by the Hon'ble Chief Justice)

This writ petition, styled as public interest litigation, has been filed by the petitioner for issuance of a writ of mandamus directing the respondents to conduct fresh polling in the six hamlets, namely R.Balakurichy, R.Seegampatti, Regunathapatti, Vairanpatti, Vidathalampatti and Gopalpatti, geographically situated in Pudhukottai District and electorally a part of (185)-Tirupattur Legislative Assembly Constituency, Sivaganga District, and count the votes so polled along with the scheduled counting on 4th May, 2026 as per the Election Notification issued by the 1st respondent, so as to ensure effective participation of eligible electors and to safeguard the constitutional right to vote based on the petitioner's representation date 27.04.2026.

2. The grievance of the petitioner is that the residents of R.Balakurichy, R.Seegampatti, Regunathapatti, Vairanpatti, Vidathalampatti and Gopalpatti have been facing longstanding and continuing administrative hardships for several years on account of their peculiar geographical and administrative situation, inasmuch as the said six hamlets are geographically contiguous to and socially and economically integrated with the areas falling within Pudukottai District, but for electoral and certain administrative purposes have been attached to Tirupattur Legislative Assembly Constituency in Sivaganga District, thereby causing substantial inconvenience to the residents in accessing public services, administrative offices and developmental benefits. Due to this anomalous administrative arrangement, the residents of the aforesaid six hamlets have represented to the authorities concerned that said hamlets should be annexed or integrated with Pudukottai District so that the residents may receive efficient governance and timely administrative attention. All the villagers in the six hamlets collectively decided not to participate in the polling process during the Tamil Nadu Assembly Election, 2026 and, as a result, the entire number of eligible voters as published by the Election Commission of India abstained from voting on the polling day. On 27.4.2026, the petitioner sent e-mail representation to the second respondent requesting to conduct fresh polling in the 3 booths situated in R.Balakurichy and Regunathapatti for six villages. Despite the receipt of the representation, no adequate measures have been taken. Hence, the petitioner has filed the present writ petition.

3. The election for the Tamil Nadu Assembly Constituencies was held on 23.4.2026 and the declaration of results is scheduled on 4.5.2026. Once the election is over, exercising jurisdiction under Article 226 of the Constitution of India, no relief, much less the prayer as sought by the petitioner in this writ petition, can be granted. It is for the respondents to decide

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