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2017 DIGILAW 4267 (MAD)

N. Maruthu Ganesh, DMK Candidate v. Election Commission of India, Rep. by the Chief Election Commissioner, New Delhi

2017-12-18

K.RAVICHANDRABAABU

body2017
JUDGMENT : 1. This writ petition is filed by one of the contesting candidates in No.11 Dr.Radhakrishnan Nagar Assembly Constituency. He seeks for a mandamus directing the respondents to deploy adequate number of CRPF personnel, to install CCTVs in all streets of the Constituency, to telecast live-web casting of polling and counting in respect of the bye-election for No.11, Dr.Radhakrishnan Nagar Assembly Constituency, scheduled to be held on 21.12.2017 and to take all effective measurements to prevent illegal distribution of money and materials to the voters to ensure free and fair election. 2. The petitioner in support of the above relief filed an affidavit, wherein it is stated among other things that though there are nearly 10 companies of CRPF personnel deputed in the entire constituency, it is not sufficient to have full control over the constituency and in order to monitor the entire activities, installation of CCTV is also required and that for each and every street, CCTV shall have to be installed, as huge numbers of outsiders are involved in campaign activities in support of all candidates. It is also alleged in the affidavit that the ruling AIADMK party has brought outsiders for the purpose of distributing money to the voters. The petitioner also contended that he reliably learnt that number of persons are engaged by the ruling party with a view to bribe the voters and to capture the booths by creating law and order problem with the help of the State police by misusing and abusing the power. Therefore, he seeks for adequate deployment of CRPF personnel and installation of CCTVs as compulsory measure. An additional affidavit dated 18.12.2017, is also filed by the petitioner making various allegations and complaints with certain dates and events, regarding the alleged distribution of money to the voters. 3. When the matter is taken up today for admission, Mr.G.Rajagopal, learned Additional Solicitor General took notice for the respondents and presented a brief note signed by one Mr.Vijayaraghavan, Section Officer, Public (Election) Department as well as Mr.Niranjan Rajagopal, learned counsel for the respondents, indicating as to what are the steps taken by the Central Election Commission till this time to ensure that free and fair election will be conducted. The said brief note submitted before this Court reads as follows:- "A vacancy arose in the Tamil Nadu Legislative with effect from the 5th December, 2016, due to demise of Ms.J.Jayalalitha elected from 11-Dr.Radhakrishnan Nagar Assembly Constituency. In a writ petition WP.No.24083 of 2017 in High Court of Madras, it was observed on 18.09.2017 that Bye-Election to RK Nagar should be completed by 31.12.2017. In another Writ Petition (W.P.No.27876 of 2017) filed by Thiru.N.Maruthu Ganesh, the Madras High Court observed that election should not be announced, however while disposing the WP on 21.11.2017, the Hon'ble First Bench reiterated its earlier observation in WP.No.24803/2017 that the Election Commission of India should conduct the elections by 31.12.2017. Poll Schedule The Election Commission of India has announced the poll schedule for the Bye-Election to 11-Dr.RK Nagar AC on 24.11.2017. The schedule as follows:- Filing of nominations and issue of notification 27.11.2017 (Monday) Last date for filing nominations 04.12.2017 (Monday) Date for Scrutiny of Nominations 05.12.2017 (Tuesday) Last date for withdrawal of candidatures 07.12.2017 (Thursday) Date of Poll 21.12.2017 (Thursday) Date of counting 24.12.2017 (Sunday) Date before which election process shall be completed 26.12.2017 (Tuesday) 2. The Commission has made elaborate arrangements for conduct of free and fair poll in the constituency and in this regard issued extensive guidelines for monitoring of expenditure of the candidates and political parties, enforcement of model code of conduct (M.C.C), maintenance of law and order etc., (a) the enforcement of MCC has commenced by putting in place 3 Flying Squad Teams (FSTs), 12 Static Surveillance Teams (SSTs) and 2 Video Surveillance Teams (VSTs). Subsequently, the number of teams are being increased in a phased manner considering complaints by the candidates, political parties and inputs from the observers and electoral machinery as shown in the table below. Subsequently, the number of teams are being increased in a phased manner considering complaints by the candidates, political parties and inputs from the observers and electoral machinery as shown in the table below. S. No. Team As on 24.11.17 As on 29.11.17 As on 2.12.17 As on 8.12.17 As on 10.12.17 As on 12.12.17 As on 14.12.17 1 FST 3 6 9 17 17 21 36 2 SST 12 12 12 12 12 12 15 3 VST 2 2 2 8 14 20 20 4 Check Point Duty 0 0 36 36 36 36 36 Total 17 20 59 73 79 89 107 (b) Generally in an assembly constituency, only 3 FSTs and 3 SSTs team are deployed during any election, but for the Dr.Radhakrishnan Nagar Assembly Constituency Bye election, the deployment of these squads was increased manifold and total of 107 teams were deployed keeping in view the sensitiveness of the constituency and past experience. VST is a 3 member team with officials from Central Paramilitary force. (c) Furthermore, one Central Government Employee was included in each Flying Squad Team from 14th onwards. Similarly, all Flying Squads/Static Surveillance Teams have a CAPF personnel attached with it. Their vehicles were GPS enabled in order to ensure that their position and movement could be monitored from a central control room. (d) An SMS based complaint monitoring system wherein the FST/SST received a complaint through SMS for gift and cash distribution was also used. SMS and GPS based monitoring was to ensure that there is no delay in movement of these teams to attend to the complaints, (e) A camera is also being fixed on the top of vehicles to monitor how the teams handled the complaints after reaching the spot, which was monitored from the DEO's control room. (f) Considering a large number of complaints, apart from deployment of these teams, as a first time measure, 50 Mobile parties on two wheelers are also additionally being deployed. Each team consists of one Micro Observer along with one police personnel. (g) Further, 15 Companies of the Central Armed Police Force (CAPF) are being deployed for area domination and confidence building among the voters to ensure free, fair and inducement - free election. These companies got placed in the Constituency from 10th Dec., 2017 itself and were deployed at check posts and FST, SST to prevent any violence before and during the polls. These companies got placed in the Constituency from 10th Dec., 2017 itself and were deployed at check posts and FST, SST to prevent any violence before and during the polls. (h) The Commission has deployed 7 senior observers Highest in the country, exclusively for this assembly constituency. (i) Senior Officers of the Commission visited the State to have feedback of the political parties, candidates and general public and based on their report the Commission made following additional arrangements:- (j) 225 IP CCTV/Surveillance Cameras were deployed in major streets and junctions in the Constituency to record the movement of vehicles and undesirable elements. (k) It is not feasible to deploy IP cameras in all the streets as such cameras are not available. Further it is very expensive. Such cameras are never deployed in any election. As a special measure 225 cameras were deployed here. (l) The additional cameras cannot be deployed as time is not sufficient for deploying and availability is also to be ascertained. (m) Highly visible SVEEP campaign has been launched to popularize the toll free number of the control room and to make people aware about the penal provisions on bribing of voters throughout the constituency. (n) Web casting has been ordered to be done in all the 258 polling stations. (o) Micro observers are deployed in all the 258 booths. Micro Observers were to be appointed from employees of Central Govt. who were to supervise the voting procedure in the booths and report to the Commission through the Observers. (p) The Central Government/PSU employees are to be deployed as Presiding Officer or Polling Officer and at least one member of the team was drawn from the PSU/Central Government employee. (q) More than a dozen Income Tax officials are assigned duty to attend to the complaints of storage/distribution of money, both inside and outside the Constituency. Surveillance has also been stepped up at important places like Railway Stations, Airport, bus stands, tax and auto stands. (r) Many IT applications like SWC (Single Window Clearance), vehicle bill payments, and SMS complaint monitoring system are being. (s) For attending complaints of distribution of money outside the constituency, Special Flying Squads were assigned to check them. A separate set of 5 FSTs were deployed for this purpose. These FSTs visit any area in the Chennai and neighbouring districts. 9. (s) For attending complaints of distribution of money outside the constituency, Special Flying Squads were assigned to check them. A separate set of 5 FSTs were deployed for this purpose. These FSTs visit any area in the Chennai and neighbouring districts. 9. Further Commission has posted 15 officers of Tahsildar level and 15 officers in Dy. Collector level from AP and Kerala to supervise and carry out poll duties. 10. The ECI put an elaborate system for prevention of any such malpractices: (A) The transaction of bank accounts are being monitored by surveillance team. (B) The mobile phone top up of postpaid plans, newspaper agents, Milk vendors are monitored electronically or otherwise to prevent misuse of such channels (C) Teams of Sales Tax (Commercial Tax) Department are pressed into service to immediately verify sale of goods through tokens. Control Room:- Further, a 24 x 7 Control Room has been set up at the District Election Officer's and Returning Officer's offices to receive complaints from public from various sources like Tamil Nadu Chief Electoral Officer's Public Grievance Redressal Portal, Toll Free numbers 1800 425 7012, 1950, Greater Chennai Corporation's Toll Free number 1913 and Greater Chennai Corporation's election whatsapp number apart from complaints received by the Observers, Returning Officer and the other election officials. Based on the Video Conference held by the Deputy Election Commissioner, Election Commission of India along the following additional measured have been taken by the District Election Officer, Chennai and the Commissioner of Police, in addition to the existing instructions, for the Bye-Election to Tamil Nadu Legislative Assembly from 11-Dr.Radhakrishnan Nagar Assembly Constituency:- Voter Education (1) VVPAT awareness campaign has been organized. (2) Hoardings have been be installed to educate the voters about "giving and receiving money to vote is an offence", clearly indicating the penal provision. (3) Awareness through loudspeakers are being carried out against bribing and indicate penal provision. (4) Shopkeeper are warned not to encourage distributing money/gifts/articles through coupon, etc., They will be warned that strict action will be initiated against them. Expenditure Monitoring:- (1) Permission is to be obtained for door to door campaign from the Returning Officer. (2) Door to door campaign will be allowed only during 9.00 A.M. to 5.00 P.M. (3) No permission for putting chairs and tables in the streets shall be given. (4) Returning Officer should know in advance who is going for campaign - VST should accompany. (2) Door to door campaign will be allowed only during 9.00 A.M. to 5.00 P.M. (3) No permission for putting chairs and tables in the streets shall be given. (4) Returning Officer should know in advance who is going for campaign - VST should accompany. (5) All the exiting vehicles in 11-Dr.RK Nagar AC will be given passes. Entry of other vehicles should be, subjected to thorough scrutiny and only on satisfying that it is not used for campaigning it should only be permitted. (6) All the outside vehicles will be allowed with the permission of Returning Officer only, after a thorough check. (7) Candidate's Accounts of Election Expenses should be monitored as per Guidelines of the ECI. (8) Flood lights will be installed in the poor lit areas of Constituency. (9) Cyber crime cell is activated to check complaints on transfer of money through phone recharge, paytm etc., (10) DEO, Chennai is conducting a meeting with the following functionaries:- (i) Paytm operators (ii) Telephone recharge traders (iii) Direct them with no bulk recharges done and warn them of pitfalls of money scale transfer. (11) Meeting with all the bankers of the local area for monitoring the transfer of money into all the accounts with IFSC Code nearest in the areas of 11-Dr.RK Nagar AC. (12) Meeting with Enforcement Directorate/Income Tax Department to track operation of hawala money. (13) Surrounding of marriage hall/temples/churches/Mosques etc., should be monitored." 4. Upon hearing Mr.P.Wilson, learned Senior counsel appearing for the petitioner and Mr.G.Rajagopal, learned Additional Solicitor General appearing for the respondents and by considering the brief note submitted by the learned Additional Solicitor General, as extracted supra, it is seen that the Central Election Commission is taking steps, by considering the situation and circumstances that are prevailing in the Constituency, by deploying 15 companies of Central Armed Police Force and also seven Senior Observers, which according to the Commission is the highest in number in the Country, in order to see that a free and fair election is conducted in the said Constituency. It is also seen from the above notes that 225 IP CCTV/Surveillance cameras are deployed in major streets and junctions and that web casting has been ordered to be done in all the 258 polling stations. 5. It is also seen from the above notes that 225 IP CCTV/Surveillance cameras are deployed in major streets and junctions and that web casting has been ordered to be done in all the 258 polling stations. 5. The learned Senior counsel appearing for the petitioner submitted that the above brief note submitted by the respondents may be recorded and the respondents may further be directed to consider the request of the petitioner for deploying more number of Central Armed Police Force and also for installation of more number of CCTV cameras at the appropriate places. Certainly, the Central Election Commission will have to take the call and attend to the situation by taking appropriate steps to ensure the public that a free and fair election will be conducted, as it has already experienced its difficulties once which resulted in rescinding the election in the very same Constituency. Needless to say that, in this case, the phrase "Once bitten, twice shy" is squarely applicable to the Central Election Commission. Therefore, this Court certainly hopes that the Central Election Commission will take all effective steps and measures with iron hand and prevent the illegalities of bribing the voters by any person or persons or any political party or parties in order to ensure the conduct of Election in a free and fair manner, so that such sole lifeline of democracy is achieved by this independent authority at any cost. 6. With the above observations and by recording the above brief note submitted by the respondents, this writ petition is disposed of accordingly. No costs.