Disposed

V.Balakrishnan v. Election Commission of India

Madras HC21 Dec 2021WP/2823/2014

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the District Election Officer's 2011 order rejecting the petitioner's eligibility to vote in Mahe due to non-residency. The court held that since ten years had lapsed and three elections occurred, the petitioner is at liberty to submit a fresh application to the Jurisdictional Election Officer for a fresh enquiry on merits.

What did the court decide?

Petitioner directed to submit fresh application to the Jurisdictional Election Officer; Writ Petition and connected MP disposed of.

V.Balakrishnan Vs Election Commission of India — Election Law | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 21.12.2021

¶3

CORAM :

¶4

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

¶5

W.P.NO.2823 OF 2014 & M.P.NO.1 OF 2014

V.Balakrishnan

... Petitioner

Vs.

1.Election Commission of India Represented by its Secretary Nirvachan Sadan, Ashoka Road, New Delhi – 110 001

¶10

2.The District Election Officer, Office of the District Election Officer, The Government of Puducherry, Puducherry.

¶11

3.The Electoral Registration Officer cum Regional Administrator, Mahe, Puducherry State.

¶12

... Respondents

¶13

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorified Mandamus, to call for records in relating to the proceedings of the second respondent bearing No.8053/DEO/Peti/2010 dated 23.02.2011 and quash the same in so far as the petitioner is concerned and directing the 3^rd respondent to restore the name of the petitioner in the voter's list in Mahe Assembly Constituency and validate the Voter Identity card bearing PY/01/028/1No.006190 dated 07.11.1994 issued by the 3^rd respondent in petitioner's name.

¶14

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

¶15

For Petitioner : Mr.R.Manohar For Respondent 1 : Mr.Niranjan Rajagopalan for M/s.G.R.Associates For Respondents : Mr.J.Kumaran 2 & 3 Additional Government Pleader (Puducherry)

¶16

O R D E R

¶17

The proceedings dated 23.02.2011 rejecting the application submitted by the petitioner for including his name in Electoral list at Mahe, Union Territory of Puducherry, is under challenge in the present Writ Petition.

¶18

In the present case, the District Election Officer conducted an enquiry and formed an opinion that the petitioner was not an ordinary resident of Mahe constituency. Thus, appeal filed by the petitioner was dismissed in the year 2011, already ten years lapsed and three elections were conducted during the pendency of the Writ Petition.

¶19

Therefore, if at all the petitioner is now residing at Mahe, he is at liberty to submit a fresh application to the Jurisdictional Election Officer, who inturn shall conduct enquiry and pass appropriate order on merits and in accordance with law, as expeditiously as possible.

¶20

With this liberty, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

¶21

Sd/-

¶22

Assistant Registrar(CS-VII)

¶23

//True Copy//

¶24

Sub Assistant Registrar

¶25

kan

¶26

¶27

Election Commission of India Represented by its Secretary Nirvachan Sadan, Ashoka Road, New Delhi – 110 001

¶28

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

¶29

The District Election Officer, Office of the District Election Officer, The Government of Puducherry, Puducherry. 3. The Electoral Registration Officer cum Regional Administrator, Mahe, Puducherry State. +1cc to M/s.G.R.Associates, Advocate, S.R.No.68787 +1cc to Mr.R.Manohar, Advocate, S.R.No.68559 +1cc to the Government Pleader(Puducherry), S.R.No.69147

¶30

W.P.No.2823 of 2014

¶31

RLD(CO) RLP(06/01/2022)

¶32

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

V.Balakrishnan v. Election Commission of India

Case brief

What is this about?

What did the court decide?

V.Balakrishnan v. Election Commission of India

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

Similar cases

Pandian Extractions (P)Ltd Vs Ministry of Finance

Kohinoor Educational Services Vs The Airport Appellate Tribunal

K.Selvaraj, Vs the Chairman

Abode Valley Owners Association Vs M/S.Lancor Holdings Ltd.

G.Thangam, Vs The Superintending Engineer

Lancor Holdings Ltd, Vs the Chairman