Bharathiya Janata Party, Rep. By its Head Quarter Secretary of Tamilnadu State Unit, K. Sarvothaman v. Tamilnadu State Election Commission, rep. by its Commissioner/Secretary
2014-09-16
M.SATHYANARAYANAN, SANJAY KISHAN KAUL
body2014
DigiLaw.ai
Judgment Sanjay Kishan Kaul, J. We have heard the learned counsel for parties. 2. In so far as the issue of the legal validity of the notification is concerned, learned senior counsel appearing for the petitioner/Party cannot dispute that the same is covered by our judgment dated 12.08.2014 rendered in W.P.Nos.24018 to 24048 of 2014. 3. Learned senior counsel appearing for the petitioner/Party, however, seeks to contend that there is rampant malpractice even at the stage of filing and acceptance of nominations, to which a serious thought is required to be given by the State Election Commission. 4. On the other hand, the learned senior counsel appearing for the State Election Commission, seeks to contend that necessary measures have been taken and certain officers have been appointed to look into the specific grievances. He submits that there are even individual petitions filed by certain candidates before the Madurai Bench and gives illustrations that one of them was rejected and in another, orders are reserved. He further submits that a circular dated 12.09.2014 has been issued by the State Election Commission to ensure free and fair election. 5. In view of the aforesaid position, we, but, need to re-emphasize that the circular must be observed in its letter and spirit and necessary arrangements are made for conduct of fair and transparent elections. If there are individual affected candidates, it is open to them to raise their grievances in accordance with law. 6. The last representation given by the petitioner/Party is dated 11.09.2014, which contains the grievances qua certain specific candidates and issues. 7. Though learned senior counsel appearing for the State Election Commission states that either action has been taken or even some complaints were withdrawn and the same were disposed of on the same day vide a letter of the even date, the State Election Commission is not averse to giving a hearing to the petitioner/Party in case it wants to point out certain specific issues so that precautionary measures are taken. 8. In this behalf, the hearing will be held by the State Election Commission at 3.00 p.m. today. It is open to the petitioner/Party to nominate any senior office bearer of the Party for the purpose of personal hearing and needless to say that if complaints are found to be genuine, the State Election Commission would take necessary corrective action. 9. Writ Petition, accordingly, stands disposed of.
It is open to the petitioner/Party to nominate any senior office bearer of the Party for the purpose of personal hearing and needless to say that if complaints are found to be genuine, the State Election Commission would take necessary corrective action. 9. Writ Petition, accordingly, stands disposed of. No costs. Consequently, M.P.Nos.1 and 2 of 2014 stand closed.