Disposed
Muthummal v. The State Election Commissioner
Madras HCWP/22072/2021
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COURT OF JUDICATURE AT MADRAS DATED :…
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2021
CORAM :
THE HON'BLE MR. JUSTICE T.S. SIVAGNANAM AND THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.No.22072 of 2021
Muthummal ... Petitioner
Vs.
Chennai – 600 106.
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to ensure the admissions inside the polling stations and Counting centres pertaining to the Kallakurichi District Panchayat Territorial Ward No.10, only for
the persons those who are strictly permissible in accordance with rules 37 and 60 of the Tamil Nadu Panchayats (Elections) Rules 1995 and also video graph the said election process on installation of adequate numbers of CCTV Cameras inside those Polling and Counting Centres.
For Petitioner : Mr.K.Prabakar
For R2 to R5 : Mr.P.Muthukumar State Government Pleader
(Order of the Court was made by T.S. SIVAGNANAM, J.)
(Through Video Conferencing)
The petitioner seeks for a direction, directing the respondents to ensure the admissions inside the Polling Stations and counting centres pertaining to Kallakurichi District Panchayat Territorial Ward No.10, only for the persons those who are strictly permissible in accordance with Rules 37 and 60 of the Tamil Nadu Panchayats (Elections) Rules, 1995, and also videograph the said election process on installation of adequate number of CCTV Cameras inside those Polling and Counting Centres.
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 :
“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.
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.
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.
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.”
3.The learned counsel for the petitioner submitted that, in addition to the directions issued by the Hon'ble First Bench, the petitioner seeks for a prayer that the counting process also is to be videographed.
4.The learned State Government Pleader appearing for the respondents 2 to 5, submitted that CCTV Cameras have been installed.
5.If CCTV Cameras have been installed in the counting halls, then the video footage is also to be preserved for adequate period of time till the election process is completed. Thus, in addition to the directions issued by the Hon'ble First Bench, as noted above, the respondents shall also ensure that the CCTV Cameras installed in the counting halls are in order and the video footage should be preserved.
Accordingly, this writ petition stands disposed of. No costs.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
mkn
To
W.P.No.22072 of 2021
ksm[co] srg 09/11/2021
Muthummal
State Election Commissioner, Tamil Nadu Election Commission
District Collector, Kallakurichi District
Returning Officer / Project Officer, District Panchayat Territorial Ward No.10
Returning Officer / Assistant Director (Panchayats)
Returning Officer / Block Development Officer
T.S. Sivagnanam
Sathi Kumar Sukumara Kurup
As recorded by the court registry
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