Public Interest Litigation seeking a writ of mandamus for proportionate representation of SC/ST communities in Rajya Sabha elections. The court held that such relief depends on constitutional provisions for reservation and delimitation commission action, thus dismissing the petition.
Dismissal of the writ petition and no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.1292 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2021
CORAM THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.(MD)No.1292 of 2021
K.Guruviah ... Petitioner
Vs.
1.The Secretary, Rajya Shaba, Parliament Building,New Delhi.
2.The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, New Delhi.
4.The Secretary, State Legislative Assembly, Secretariat, Chennai – 600 009. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to frame necessary rules to provide proportionate representation to the SC / ST communities notified in the Tamil Nadu gazette whenever the election to the Rajya Sabha is notified for the State of Tamil Nadu.
For Petitioner : Mr.Santhoshkumar For Respondent No.1 : Mrs.Victoria Gowri Assistant Solicitor General For Respondent No.2 : Mr.Niranjan Rajagopalan Senior Counsel For Respondent No.3 : Mr.K.P.Krishnadoss Special Government Pleader * * * * *
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W.P.(MD)No.1292 of 2021
ORDER (Order of the Court was made by T. S. SIVAGNANAM, J.)
The Writ Petition styled as a Public Interest Litigation, seeks for the issuance of a Writ of Mandamus, directing the respondents to frame necessary rules to provide proportionate representation to the SC / ST communities notified in the Tamil Nadu gazette, whenever the election to the Rajya Sabha is notified for the State of Tamil Nadu.
2.As rightly submitted by Mr.Niranjan Rajagopalan, learned Senior Counsel appearing for the Chief Election Commissioner, the prayer sought for cannot be considered until and unless the Constitution of India provides for reservation. If reservation is provided, then the De-limitation Commission of India will take up the issue. Therefore, no Mandamus as prayed for in the Writ Petition can be issued.
3.Accordingly, the Writ Petition is dismissed. No costs.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
sj
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
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W.P.(MD)No.1292 of 2021
4.The Secretary, State Legislative Assembly, Secretariat, Chennai – 600 009. +1 CC to SPL GP ( SR-16047[F] dated 16/04/2021 )
W.P.(MD)No.1292 of 2021
15.04.2021
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2 issues framed by the court
Whether the High Court can be directed by a writ of mandamus to frame rules for SCR/STR representation in Rajya Sabha elections before the Constitution provides for reservation.
If reservation is not constitutionally provided for, whether the Court can issue a mandamus to the Election Commission regarding delimitation or representation rules for SC/ST communities.
1 provisions across 1 enactments
K. Guruviah
The Secretary, Rajya Shaba, Parliament Building, New Delhi
The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, New Delhi
The State Election Commissioner, 208/2, Jawaharlal Nehru Road, Opp. to Koyambedu Bus Stand, Arumbakkam, Chennai
The Secretary, State Legislative Assembly, Secretariat, Chennai
T. S. Sivagnanam
S. Ananthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
