Disposed

K.N.Nehru v. Chief Election Commissioner Election Commission of India

Madras HC16 Mar 2021WP/3199/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court of Madras directed the Election Commission of India and the Chief Electoral Officer of Tamil Nadu to provide constituency-wise lists of reconsidered absentee voters to the petitioner and other eligible political parties by March 29, 2021.

What did the court decide?

Direction to provide absentee voter lists to the petitioner and eligible parties/candidates by 6:00 pm on March 29, 2021.

K.N.Nehru Vs Chief Election Commissioner Election Commission of… — Election Law | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.03.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.NO.3199 OF 2021

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K.N.Nehru, Principal Secretary, Dravida Munnetra Kazhagam, Anna Arivalayam, 367 & 369, Anna Salai, Teynampet, Chennai - 600 018. .. Petitioner -vs1. Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001. 2. Chief Electoral Officer and Secretary to Government, State of Tamil Nadu, Public (Elections) Department, 1st Floor, Main Building, Secretariat, Fort St. George, Chennai - 600 009. .. Respondents

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondent No.2 to consider the representations given on behalf of the DMK party dated 18.11.2020 and 21.12.2020 and to furnish the electoral list of 'Absentee Voters' and 'PwD Voters' assembly constituency wise and comply with the guidelines specified in Letter No.23/2020-ERS dated 07.08.2020 issued by respondent No.1 to respondent No.2.

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For Petitioner : Mr.R.Viduthalai

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Senior Counsel for Mr.S.Manuraj

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

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For Respondents

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: Mr.G.Rajagopalan Senior Counsel for Mr.Niranjan Rajagopalan

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ORDER

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

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This petition pertains to certain information sought by the petitioner as an office-bearer of a major political party in the State.

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The petitioner is the Principal Secretary of the Dravida Munnetra Kazhagam party which has governed the State for years together. The petitioner refers to Rule 11(c) of the Registration of Electors Rules, 1960 and Rule 22(1)(c) thereof. Such rules recognise the right of a political party in whose favour a symbol has been reserved in the State to obtain, free of cost, two copies of the electoral rolls.

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The petitioner also refers to Rule 85-D of the Conduct of Election Rules, 1961. Such provision preserves a similar right of every candidate at a constituency to receive two copies, free of cost, of the electoral rolls.

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There is no dispute that copies of the existing electoral rolls have been forwarded to the petitioner and other major political parties who may be entitled thereto. The present petition has been born in the wake of the measures taken by the Election Commission to issue postal ballots to classes of absentee voters from among the larger classes identified under Rule 27-A of the 1961 Rules. Of the several classes of persons indicated in such provision, there are senior citizens above the age of 65 years, persons engaged in essential services, persons with disabilities and persons affected by Covid. By notifications recently published, the Election Commission has given an option to senior citizens above the age of 80 to exercise their franchise through postal ballot instead of visiting the election booth. Similar courtesies have been extended to persons with disabilities, members of specified essential services and Covid-affected persons, including those suffering from Covid and those in home or institutional quarantine.

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It appears that the exercise of identifying the absentee voters within the meaning of the definition in Clause (aa) of Rule 27-A of the said Rules of 1961 should end today, the closing working hours today being the last time within which voters from the four classes indicated above may choose to exercise their vote by postal ballot and not by physically being present at a polling booth.

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

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The petitioner says that upon such particulars of the absentee voters being received by the Election Commission, the Election Commission will, doubtless, mark the names of such persons in the electoral rolls to indicate the persons who may not be qualified to be voting physically at polling booths. The petitioner wants copies of the list of absentee voters or copies of the updated electoral rolls after marking the absentee voters therein.

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The Election Commission says that not every person seeking to be an absentee voter may be regarded or accepted as such and the scrutiny at the end of the Election Commission will take a week or so after the nominations have been filed. Accordingly, the Election Commission seeks a week from March 22, 2021 to complete the scrutiny of the absentee voters and prepare a final list of absentee voters to be able to make over the same to political parties and candidates entitled thereto. The petitioner is happy if the constituency-wise lists of absentee voters as finally accepted by the Election Commission are made over to the petitioner by March 29, 2021.

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Since the Election Commission has so agreed, the constituency-wise lists of absentee voters should be made over to the petitioner herein and all political parties in the State entitled thereto under Rules 11(c) and 22(1)(c) of the Rules of 1960 by the close of working hours, say 6 pm, of March 29, 2021. The respective returning officers should ensure that such lists are made over to the petitioner and other political parties entitled thereto.

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Similarly, the lists pertaining to the relevant constituencies should be made over to the candidates representing recognised political parties entitled thereto under Rule 85-D of the Rules of 1961 within the same time and day as above.

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W.P.No.3199 of 2021 is disposed of without any order as to costs.

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Sd/Assistant Registrar(CS VII) //True Copy//

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Sub Assistant Registrar

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bbr

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

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To:

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The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.

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The Chief Electoral Officer and Secretary to Government, State of Tamil Nadu, Public (Elections) Department, 1st Floor, Main Building, Secretariat, Fort St. George, Chennai - 600 009. +1cc to Mr.S.Manuraj, Advocate, S.R.No.16994 +1cc to M/s.G.R.Associates, Advocate, S.R.No.17028 W.P.No.3199 of 2021

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SKY(CO) CS/25/03/2021

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

K.N.Nehru v. Chief Election Commissioner Election Commission of India

Case brief

What is this about?

What did the court decide?

K.N.Nehru v. Chief Election Commissioner Election Commission of India

Case brief

What is this about?

What did the court decide?

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