M. Karthikeyan v. Election Commission of India Rep. by its Secretary Nirvachan Sadan
2014-05-08
K.K.SASIDHARAN, R.SUDHAKAR
body2014
DigiLaw.ai
Judgment : K.K. Sasidharan, J. 1. This writ petition at the instance of an office bearer of a political organization seeks a writ of mandamus directing the respondents to hold re-poll in all the nine booths bearing Nos.218 to 225 and 231, Chinnaswamy Ammal School, Kongu Main Road forming part of Thirupur Parliamentary Constituency. 2. According to the petitioner, on the date of polling, the Deputy Commissioner of Police, Tirupur along with other policemen closed the polling booths at 5.15 p.m. on 24 April 2014. The police prevented the voters from entering the poling booths to cast their votes. Because of this illegal action many of the voters failed to cast their votes. 3. It is the grievance of the petitioner that only with a view to help the ruling party, the police have resorted to such illegal step. The petitioner submitted a representation on 25 April, 2014 to the Chief Electoral Officer, requesting to hold re-election. However, there was no response. The petitioner is therefore before this Court. 4. We have heard the learned counsel for the petitioner and the learned Senior Counsel for the Election Commission of India. 5. The petitioner is a Ward Secretary appointed by a political party. The petitioner appears to have submitted a representation on 25 April, 2014 to the second respondent alleging that the police prevented the voters from casting their votes after 5.15 p.m. on 24 April, 2014 in all the nine booths at Chinnaswamy Ammal Schoo, Tirupur. 6. The learned Senior Counsel for the Election Commission of India submitted that the Election Officer was very much available there. None of the electorates have made a complaint that they were prevented by the police from casting their votes. According to the learned Senior Counsel, the allegation is clearly an after thought and as such, there is no question of conducting re-poll. 7. Even though the petitioner has come up with a contention that the police prevented the voters from casting their votes after 5.15 p.m on 24 April, 2014 there is nothing on record to show that any of the voters have made a complaint before the concerned Returning Officer or the election observer appointed by the Election Commission of India, alleging that they were prevented from exercising their franchise. 8. The petitioner is stated to be the Ward Secretary of a political party.
8. The petitioner is stated to be the Ward Secretary of a political party. There cannot be a direction to the Election Commission of India to hold re-election at the instance of a person like the petitioner, without any material indicating such illegal activities by the police. Therefore, we do not find any reason to entertain this writ petition. 9. In the upshot, we dismiss the writ petition. Consequently, the connected MP is closed. No costs.