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2021 DIGILAW 3 (MAD)

Dravida Munnetra Kazhagam (DMK), Rep. by its Organization Secretary v. Election Commission of India, Rep. by Chief Election Commissioner, New Delhi

2021-01-04

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY

body2021
JUDGMENT : Sanjib Banerjee, J. (Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents 3 to 5 to distribute the 2021 Pongal gift of Rs.2500/- to the Ration Card holders in Tamilnadu under 2021-Pongal Free Gift Hamper scheme without the tokens containing the printed materials like the symbol, colour combination photographs of office bearers of 6th respondent or identification marks attributable to the ruling party viz. 6th respondent or with the names or photographs of Mr.Edapadi Palaniswamy, Mr.O.Panneerselvam or of the photographs of local Ministers hailing from respective districts, and other office bearers of the 6th respondent etc. in order to pamper and publicise the ruling party leaders at the cost of state exchequer with a deceptive and misleading appearances as if it is distributed by the 6th respondent to gain mileage in the ensuing State Assembly elections in April, May 2021 or in any manner and consequently forbearing the 6th respondent their members, followers or men agents claiming through them from distributing the government tokens of 2021 Pongal Gifts with AIADMK colours, symbols, messages, pamphlets, self serving bit notices with political messages etc.) 1. The matter pertains to the issuance of tokens by the State Government to all ration cardholders to avail of a gift hamper worth Rs.2,500/- from ration shops across the State. 2. The grievance that was carried by the writ petitioner was that some political parties and individuals were attempting to print parallel tokens and such tokens would be honoured by the ration shops without the tokens being authorised by the Government or by the appropriate Department thereof. 3. Pursuant to the submission made on behalf of the State, circulars have been issued. These circulars provide that only tokens issued by the Government ought to be honoured by the ration shops and not tokens circulated by private individuals or other organisations. The State has assured the Court that the tokens issued will not bear any political or individual symbols. 4. In the light of the above, the principal grievance of the petitioner is taken care of. In the event there is any anomaly or the persons entitled to the benefit are left out, a fresh cause of action may arise. Accordingly, W.P.No.20403 of 2020 is disposed of without waiting for the appropriate implementation of the scheme. 4. In the light of the above, the principal grievance of the petitioner is taken care of. In the event there is any anomaly or the persons entitled to the benefit are left out, a fresh cause of action may arise. Accordingly, W.P.No.20403 of 2020 is disposed of without waiting for the appropriate implementation of the scheme. There shall be no order as to costs. Consequently, W.M.P.No.25182 of 2020 stands closed.