Dismissed

K.Velmurugan v. The State Election Commissioner

Madras HC6 Oct 2021WP/21868/2021

Case brief

AI extract

What is this about?

This common order disposed of three writ petitions seeking mandamus for videography and police protection during local body elections. Finding that identical relief was sought in a related PIL (W.P.No.20671 of 2021) where sufficient directions were already issued, the court held no fresh order was necessary.

What did the court decide?

The writ petitions were disposed of with no order as to costs.

K.Velmurugan Vs The State Election Commissioner — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.10.2021

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CORAM :

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THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM AND THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.NOS.21868, 21869 AND 21872 OF 2021

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... Petitioner in W.P.No.21868 of 2021

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K.Velmurugan ... Petitioner in W.P.No.21868 of 2021 Murugan ... Petitioner in W.P.No.21869 of 2021 Ambika ... Petitioner in W.P.No.21872 of 2021 .Vs.

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The State Election Commissioner, Office of the State Election Commission, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai – 600 106.

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The District Election Officer cum District Collector, Collectorate, Kallakurichi District.

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The Election Officer, Panchayat, Union Ward Members Election Officer, Thirunavalur Panchayath Union Office, Thirunavalur, Kallakurichi District.

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The Superintendent of Police, Kallakurichi, Kallakurichi District. ... Respondents 1 to 4 in W.P.No.21868, 21869 & 21872 of 2021

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The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

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... 5^th Respondents in W.P.No.21868 of 2021

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

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The Inspector of Police, Ulundurpet Police Station, Kallakurichi.

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... 5^th Respondents in W.P.No.21869 & 21872 of 2021

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Prayer in W.P.No.21868 of 2021:-

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Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to videograph the entire election process to be held on 06.10.2021 at Ward No.3, Madapattu Voting Booth, Thirunavalur Panchayat Union, Kallakurichi District and Counting votes on 12.10.2021 at Anna Thearasa Engineering College, Thirunavalur by providing adequate Police protection.

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Prayer in W.P.No.21869 of 2021:-

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Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to videograph the entire election process to be held on 06.10.2021 at Ward No.6, Keelapalayam Voting Booth, Adhanur Panchayat, Thirunavalur Union, Kallakurichi District and Counting votes on 12.10.2021 at Anna Thearasa Engineering College, Thirunavalur by providing adequate Police protection.

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Prayer in W.P.No.21872 of 2021:-

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Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to videograph the entire election process to be held on 06.10.2021 at Ward No.4, Perumbakkam Voting Booth, Thirunavalur Panchayat Union, Kallakurichi District and Counting votes on 12.10.2021 at Anna Thearasa Engineering College, Thirunavalur by providing adequate Police protection.

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For Petitioner : Mr.S.Saravanakumar in all Writ Petitions For R1 : Ms.R.Anitha for Mr.S.Siva Shanmugam Standing Counsel for State Election Commission in all Writ Petitions For R2 to R5 : Mr.P.Muthukumar State Government Pleader in all Writ Petitions

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

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C O M M O N O R D E R

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(Order of the Court was made by T.S. SIVAGNANAM, J.)

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(Through Video Conferencing)

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The petitioners seek for a direction directing the respondents to videograph the entire election process to the local body to be held on 06.10.2021 and counting votes on 12.10.2021 at Anna Thearasa Engineering College, Thirunavalur, by providing police protection.

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Heard Mr.S.Saravanakumar, learned counsel for the petitioners and Mr.P.Muthukumar, learned State Government Pleader, who accepts notice for the respondents 2 to 5 and Ms.R.Anitha, learned counsel appearing for Mr.S.Siva Shanmugam, learned Standing Counsel, accepting notice for the 1^st respondent.

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More or less identical contentions have been raised in a Public Interest Litigation in W.P.No.20671 of 2021, which was heard by the Hon'ble First Bench and by order dated 01.10.2021, necessary observations and directions have been issued. The operative portion of the order reads as follows :

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“3.In addition to the various measures which are indicated in the said “Written instructions”, learned Advocate-General has agreed to ensure that, to the extent feasible, all polling stations would have CCTVs, which would roll, without any break, from before the polling starts on the polling day till a short while after the polling is closed.

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4.Learned Advocate-General has also agreed that CCTVs would be installed outside the strongrooms and even inside the strongrooms with continuous coverage to ensure that the movement of any person approaching the strong-room and the activities of any person within the strong-room are captured.

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5.As to the location of the counting centres and the strongrooms, there can be no objection in such locations being made public to all the political parties.

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

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6.A further request is made by the petitioning political party to the effect that the identities of the micro-observers should be made known to all political parties so that complaints may be carried to such micro-observers. To this, learned AdvocateGeneral says that that would compromise the position of the micro-observers and defeat the purpose of such observers being appointed to quietly observe and unobtrusively film the process of voting or the activities in and around the polling booths. However, learned Advocate-General has agreed to the alternative suggestion that instead of nine senior level All India Service Officers being appointed as observers to oversee one district each, senior officers would be appointed in every block so that every district will have as many observers as there are blocks in such district. Mr.Vijay Narayan has agreed to the revised proposal on such aspect since observers within a particular block can be easily accessed as, even if there is a report of any untoward incident, and it is not difficult for the observer to reach another end of the block in quick time.

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7.It is hoped that the elections for the local bodies are conducted in the same spirit as this matter has been addressed in court. All government functionaries must ensure the free and fair conduct of the polls so that there is no possibility of any grievance or complaint.

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8.W.P.No.20671 of 2021 is disposed of. There will be no order as to costs.”

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In the light of the above directions, we are satisfied that no separate direction is required to be issued in these writ petitions. The directions issued in the Public Interest Litigation referred above, would suffice. Therefore, these writ petitions stand disposed of. No costs.

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Sd/Assistant Registrar(CS IX)

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//True Copy//

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Sub Assistant Registrar

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mkn

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

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To
1.	The State Election Commissioner, Office of the State Election Commission, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai – 600 106.
2.	The District Election Officer cum District Collector, Collectorate, Kallakurichi District.
3.	The Election Officer, Panchayat, Union Ward Members Election Officer, Thirunavalur Panchayath Union Office, Thirunavalur, Kallakurichi District.
4.	The Superintendent of Police, Kallakurichi, Kallakurichi District.
5.	The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.
6.	The Inspector of Police, Ulundurpet Police Station, Kallakurichi.
+1cc	to the Government Pleader, S.R.No.52326

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W.P.Nos.21868, 21869 and 21872 of 2021

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AK(CO) PBS/28/10/2021

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

K.Velmurugan v. The State Election Commissioner

Case brief

What is this about?

What did the court decide?

K.Velmurugan v. The State Election Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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