All India Anna Dravida Munetra Kazhagam, Rep by its Deputy Secretary, Election Wing I. S. Inbadurai v. Tamil Nadu State Election Commission, Rep by Tamil Nadu State Election Commissioner, Chennai
2021-10-01
P.D.AUDIKESAVALU, SANJIB BANERJEE
body2021
DigiLaw.ai
JUDGMENT : Sanjib Banerjee, J. (Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent herein to consider and act on the representation dated 14.9.2021 given by the petitioner to the 1st respondent at the earliest.) 1. Pursuant to the order dated September 24, 2021, and the subsequent oral request by the court for Mr.Vijay Narayan, former Advocate-General, to agree to the security measures to be put in place for the upcoming elections to the local bodies in consultation with Mr.Shunmugasundaram, learned Advocate-General representing the State, the matters have been addressed in a most gracious manner and a four-page document has been made over to the court as “Written instructions by respondent No.1 on 01.10.2021”. 2. Mr.Vijay Narayan requires three areas to be taken particular note of and the suggested measures improved in such regard: (i) For the CCTV coverage to be increased to 100 percent of the polling stations, with continuous, uninterrupted coverage prior to the polling opening and till a short while after polling closing on the relevant dates; (ii) For CCTVs to be installed even inside strong- rooms since the polling dates are on October 6 and October 9, 2021 and the strong-rooms would have to be opened, apart from checking on the health of whatever is stored there, for carrying the sealed ballot boxes to the same strong-rooms. (iii) For the location of the counting centres and the strong-rooms to be made public. 3. In addition to the various measures which are indicated in the said “Written instructions”, learned Advocate-General has agreed to ensure that, to the extent feasible, all polling stations would have CCTVs, which would roll, without any break, from before the polling starts on the polling day till a short while after the polling is closed. 4. Learned Advocate-General has also agreed that CCTVs would be installed outside the strong-rooms and even inside the strong-rooms with continuous coverage to ensure that the movement of any person approaching the strong-room and the activities of any person within the strong-room are captured. 5. As to the location of the counting centres and the strong-rooms, there can be no objection in such locations being made public to all the political parties. 6.
5. As to the location of the counting centres and the strong-rooms, there can be no objection in such locations being made public to all the political parties. 6. A further request is made by the petitioning political party to the effect that the identities of the micro-observers should be made known to all political parties so that complaints may be carried to such micro-observers. To this, learned Advocate-General says that that would compromise the position of the micro-observers and defeat the purpose of such observers being appointed to quietly observe and unobtrusively film the process of voting or the activities in and around the polling booths. However, learned Advocate-General has agreed to the alternative suggestion that instead of nine senior level All India Service Officers being appointed as observers to oversee one district each, senior officers would be appointed in every block so that every district will have as many observers as there are blocks in such district. Mr.Vijay Narayan has agreed to the revised proposal on such aspect since observers within a particular block can be easily accessed as, even if there is a report of any untoward incident, and it is not difficult for the observer to reach another end of the block in quick time. 7. It is hoped that the elections for the local bodies are conducted in the same spirit as this matter has been addressed in court. All government functionaries must ensure the free and fair conduct of the polls so that there is no possibility of any grievance or complaint. 8. WP No.20671 of 2021 is disposed of. There will be no order as to costs.