Dismissed

G.Thandavamoorthy v. Tamil Nadu State Election Commission

Madras HC8 Oct 2021WP/22020/2021

Case brief

AI extract

What is this about?

This petition sought a writ directing the State Election Commission to implement a previous court order regarding CCTV monitoring and live streaming of the election counting process. The court held that the prior order in W.P.No.20671 of 2021 was sufficient for both parties.

What did the court decide?

The writ petition stands dismissed as the directions issued in W.P.No.20671 of 2021 suffice.

G.Thandavamoorthy Vs Tamil Nadu State Election Commission — Election Law | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.10.2021

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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

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W.P.No.22020 of 2021

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G.Thandavamoorthy ... Petitioner

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Vs.

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Tamil Nadu State Election Commission, Rep. by Tamil Nadu State Election Commissioner, No.208/2, Jawaharlal Nehru Road, Opp to CMBT, Arumbakkam, Chennai – 600 106.

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The Principal Secretary, Government of Tamil Nadu, Department of Municipal Administration and Water Supply, Fort St. George, Secretariat, Chennai – 600 009.

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Secretary to Government, Rural Development and Panchayat Raj Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai – 600 009.

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District Election Officer, Chengalpattu District, District Collector Office, GST Road, Chengalpattu – 603 001.

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Election Observer, Chengalpattu District, District Collector Office, GST Road, Chengalpattu – 603 001.

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Superintendent of Police, Chengalpet District, Collectorate Campus, Chengalpattu. ... Respondents

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

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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1^st respondent to consider the representation dated 25.09.2021 issued by the petitioner and to consequently take measures to monitor through uninterrupted CCTV coverage and live streaming of the counting process and to safeguard the electoral process in the said panchayat through implementation of the order of this Court dated 01.10.2021 passed in W.P.No.20671 of 2021 in letter and spirit.

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For Petitioner : Mr.G.Vivekanand

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For R1 : Ms.R.Anitha for Mr.S.Siva Shanmugam Standing Counsel for State Election Commission

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For R2 to R6 : Mr.P.Muthukumar State Government Pleader

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O R D E R

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

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This petitioner seeks for a direction, directing the 1^st respondent to consider the representation, dated 25.09.2021, issued by the petitioner and to consequently take measures to monitor through uninterrupted CCTV coverage and to live stream the counting process and to safeguard the electoral process in the said Panchayat through implementation of the order of this Court, dated 01.10.2021, passed in W.P.No.20671 of 2021.

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2.More or less identical prayer was sought for by a political party 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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“4.Learned Advocate-General has also agreed that CCTVs would be installed outside the strong-rooms 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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3.The directions issued by the Hon'ble First Bench are comprehensive and have been made after taking note of the submissions made by the learned Advocate General. Therefore, the said order will cover the case on hand and we are satisfied that no separate direction is required to be issued in this writ petition. The directions issued in the Public Interest Litigation referred above, would suffice. Therefore, this writ petition stands disposed of. No costs.

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Sd/-

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Assistant Registrar(CS II)

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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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The Tamil Nadu State Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp to CMBT, Arumbakkam, Chennai – 600 106.

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The Principal Secretary, Government of Tamil Nadu, Department of Municipal Administration and Water Supply, Fort St. George, Secretariat, Chennai – 600 009.

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The Secretary to Government, Rural Development and Panchayat Raj Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai – 600 009.

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The District Election Officer, Chengalpattu District, District Collector Office, GST Road, Chengalpattu – 603 001.

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The Election Observer, Chengalpattu District, District Collector Office, GST Road, Chengalpattu – 603 001.

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The Superintendent of Police, Chengalpet District, Collectorate Campus, Chengalpattu.

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W.P.No.22020 of 2021

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RSI (CO) PR (26/10/2021)

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

G.Thandavamoorthy v. Tamil Nadu State Election Commission

Case brief

What is this about?

What did the court decide?

G.Thandavamoorthy v. Tamil Nadu State Election Commission

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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