Disposed

Dravida Munnetra Kazhagam(Dmk) v. Election Commission of India

Madras HC4 Jan 2021WP/20403/2020

Case brief

AI extract

What is this about?

In this writ petition challenging the inclusion of political symbols on 2021 Pongal gift tokens, the Madras High Court held that the government's assurance to avoid political markings addressed the petitioner's grievance. The petition was disposed of without issuing a witness process or waiting for scheme implementation.

What did the court decide?

Writ petition disposed of without waiting for the implementation of the scheme; no order as to costs.

Dravida Munnetra Kazhagam(Dmk) Vs Election… — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.01.2021

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CORAM :

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The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND

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The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.20403 of 2020 and W.M.P.No.25182 of 2020

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Dravida Munnetra Kazhagam (DMK)
Rep. By its Organization Secretary,
R.S.Bharathi. ..Petitioner
-vs-
1. Election Commission of India,
Rep. by Chief Election Commissioner,
Nirvachan Sadan, Ashoka Road,
New Delhi – 110 001.
2. The Chief Electoral Officer of Tamil Nadu,
Secretariat, Fort St. George,
Chennai – 600 009.
3. Government of Tamil Nadu,
Rep. by its Chief Secretary,
Secretariat, Fort St. George,
Chennai – 600 009.
4. The Secretary to Government,
Co-operation, Food and Consumer Protection
Dept., Govt. of Tamil Nadu,
Secretariat, Fort St. George, Chennai 600 009.
5. Tamil Nadu Civil Supplies Corporation,
Rep. by its Managing Director,
No.12, Thambusamy Road,
Kilpauk, Chennai 600 010.
6. All India Anna Dravida Munnetra Kazhagam,
Rep.by its Co-ordinator,
Avvai Shanmugam Salai,
Royapettah, Chennai 600 014. .. Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents 3 to 5 to distribute the 2021 Pongal gift of Rs.2500/- to the Ration Card holders in Tamilnadu under 2021Pongal Free Gift Hamper scheme without the tokens containing the printed materials like the symbol, colour combination photographs of office bearers of 6^th respondent or identification marks attributable to the ruling party viz. 6^th respondent or with the names or photographs of Mr.Edapadi Palaniswamy, Mr.O.Panneerselvam or of the photographs of local Ministers hailing from respective districts, and other office bearers of the 6^th respondent etc. in order to pamper and publicise the ruling party leaders at the cost of state exchequer with a deceptive and misleading appearances as if it is distributed by the 6^th respondent to gain mileage in the ensuing State Assembly elections in April, May 2021 or in any manner and consequently forbearing the 6^th respondent their members, followers or men agents claiming through them from distributing the government tokens of 2021 Pongal Gifts with AIADMK colours, symbols, messages, pamphlets, self serving bit notices with political messages etc.

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For Petitioner : Mr.P.Wilson, Sr. Counsel
for M/s.P.Wilson Associates
For Respondent : Mr.Vijay Narayan
Advocate General
assisted by
Mr.V.Jayaprakash Narayanan
State Government Pleader
for RR 3 to 5
ORDER

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(Order of the Court was made by The Hon'ble Chief Justice)

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The matter pertains to the issuance of tokens by the State Government to all ration cardholders to avail of a gift hamper worth Rs.2,500/- from ration shops across the State.

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2.The grievance that was carried by the writ petitioner was that some political parties and individuals were attempting to print parallel tokens and such tokens would be honoured by the ration shops without the tokens being authorised by the Government or by the appropriate Department thereof.

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3.Pursuant to the submission made on behalf of the State, circulars have been issued. These circulars provide that only tokens issued by the Government ought to be honoured by the

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https://hcservices.ecourts.gov.in/hcservices/

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ration shops and not tokens circulated by private individuals or other organisations. The State has assured the Court that the tokens issued will not bear any political or individual symbols.

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4.In the light of the above, the principal grievance of the petitioner is taken care of. In the event there is any anomaly or the persons entitled to the benefit are left out, a fresh cause of action may arise.

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Accordingly, W.P.No.20403 of 2020 is disposed of without
waiting for the appropriate implementation of the scheme. There
shall be no order as to costs. Consequently, W.M.P.No.25182 of
2020 stands closed.
Sd/-
Assistant Registrar(Insp.Cell)
//True Copy//
Sub Assistant Registrar
To
1. The Chief Election Commissioner ,
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi – 110 001.
2. The Chief Electoral Officer of Tamil Nadu,
Secretariat, Fort St. George, Chennai – 600 009.
3. The Chief Secretary,
Government of Tamil Nadu,
Secretariat, Fort St. George, Chennai – 600 009.
4. The Secretary to Government of Tamil Nadu,
Co-operation, Food and Consumer Protection
Dept., Secretariat, Fort St. George, Chennai 600 009.
5. The Managing Director,
Tamil Nadu Civil Supplies Corporation,
No.12, Thambusamy Road, Kilpauk, Chennai 600 010.
+1cc to Mr.G.R.Associates, Advocate, S.R.No.245
+1cc to Mr.P.Wilson Associates, Advocate, S.R.No.113
+1cc to the Government Pleader, S.R.No.157

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(sra) W.P.No.20403 of 2020

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rr ii (25/01/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Dravida Munnetra Kazhagam(Dmk) v. Election Commission of India

Case brief

What is this about?

What did the court decide?

Dravida Munnetra Kazhagam(Dmk) v. Election Commission of India

Case brief

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What did the court decide?

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