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2017 DIGILAW 3929 (MAD)

Dravida Munnetra Kazhagam (DMK) v. Election Commission of India

2017-11-21

INDIRA BANERJEE, M.SUNDAR

body2017
JUDGMENT : 1. This writ petition has been filed by a political party, namely, Dravida Munnetra Kazhagam, hereinafter referred to as 'DMK', through its Organization Secretary, praying for a Writ of Mandamus directing the respondents "to carry out purification of voters list of No.11, Dr.Radhakrishnan Nagar Assembly Constituency" on the basis of which the by-election is to be conducted by deleting "double entries, absent, multiple entries, shifted, multiple voters with the same identification numbers, dead voters, etc.". It appears that the seat of No.11, Dr.Radhakrishnan Nagar Assembly Constituency fell vacant on 05.12.2016 upon the death of the former Chief Minister of Tamil Nadu, Dr.J.Jayalalitha. By-election is required to be conducted to fill up the said vacancy caused by the death of Dr.J.Jayalalitha. 2. On 03.10.2017, a draft electoral roll was published. The petitioner herein objected to the draft electoral roll pointing out that there were about 45000 bogus or ineligible voters. It appears that there were representations from the petitioner even before the draft electoral roll was actually published. It appears that by a letter dated 23.10.2017, the Chief Electoral Officer and Principal Secretary to the Government, informed the Principal Secretary to the Election Commission of India, that the petitioner-Party had, by a representation dated 23.10.2017, complained that about 44,999 voters were dead and/or otherwise ineligible. 3. The District Election Officer, had, after conducting field verification of the list received from the petitioner-Party, submitted the following report: Sl.No Details Nos. 1 Total names in the ASD list submitted by the DMK Party 44,999 2 Names without Sl.No., Part No., or EPIC Number 3,754 (i) As per BLO verification names to be deleted 17,510 (ii) As per BLO verification names to be retained 23,735 4. Thereafter, the petitioner-Party again represented, after which it was proposed to conduct 100% door-to-door verification at No.11, Dr. Radhakrishnan Nagar Assembly Constituency. By a letter dated 21.11.2017, that is to-day, the District Election Officer and Commissioner, Greater Chennai Corporation, has informed the Chief Electoral Officer and Principal Secretary to the Government, Public (Elections-I) Department, that verification of the list of bogus/ineligible voters submitted by the DMK Party had been completed and a total of 45,819 names had been deleted. This had been done after 100% field verification by 256 Booth Level Officers, further super-checked by 25 Supervisors and cursory verification by the Assistant Electoral Registration Officer of No.11, Dr.Radhakrishnan Nagar Assembly Constituency. This had been done after 100% field verification by 256 Booth Level Officers, further super-checked by 25 Supervisors and cursory verification by the Assistant Electoral Registration Officer of No.11, Dr.Radhakrishnan Nagar Assembly Constituency. As per the aforesaid communication from the District Election Officer and Commissioner, Greater Chennai Corporation to the Chief Electoral Officer and Principal Secretary to the Government, Public (Elections-I) Department, the large scale deletion occurred due to the frequent migration of urban public and also death of electors. The break-up as given in the said letter is as follows: Shifted 38,319 Dead 3,818 Double Entry 3,682 Total 45,819 5. Action has, apparently, been taken on the complaint of the petitioner-Party as against 44,999 voters in the draft electoral list that had been objected to and 45819 voters names have been deleted, as the complaint made by the petitioner-Party was found to be substantially correct. 6. Mr.Niranjan Rajagopal, learned Standing Counsel appearing on behalf of the respondents, submits that the deletions shall be put up in the website by tomorrow (22.11.2017). 7. No further order need be passed on the writ petition, which is disposed of as infructuous. No costs. Consequently, W.M.P.No.29662 of 2017 is closed. 8. It is expected that the Election Commission will announce the election dates at the earliest and conduct the elections preferably within 31.12.2017, as directed by this Bench by its order dated 18.09.2017 in W.P.No.24083 of 2017 (K.K.Ramesh vs. Government of India and Ors.)