1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.11.2011 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN WP(MD)Nos.13433, 13590 and 13653 of 2011 and MP(MD)Nos.1, 1 and 2 of 2011 T.Lakshmi : Petitioner in WP 13433/2011 K.Kalimuthu : Petitioner in WP 13590/2011 S.Anna Palani : Petitioner-1 in WP 13653/2011 Sivanandi : Petitioner-2 in WP 13653/2011 P.Meena : Petitioner-3 in WP 13653/2011 R.Thiruvalluvan : Petitioner-4 in WP 13653/2011 M.Bose : Petitioner-5 in WP 13653/2011 R.Muthalammal : Petitioner-6 in WP 13653/2011 -Vs- The District Collector, Virudhunagar District, Virudhunagar. : R-1 in WP 13433/2011, R-2 in WPs 13590&13653/2011 The Superintendent of Police, Virudhunagar District, Virudhunagar. : R-2 in WP 13433/2011 R-3 in WPs 13590&13653/2011 The State Election Commissioner, O/o.The State Election Commission, Tamil Nadu State Government, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Koyambedu,Chennai-600 106. : R-3 in WP 13433/2011, R-1 in WPs 13590&13653/2011 4.The Block Development Officer/Returning Officer, Srivilliputtur Panchayat Union, Srivilliputtur,Virudhunagar District. : R-4 in WP 13433/2011 R-4 in WPs 13590&13653/2011 (R3 and R4 impleaded as respondents as per order of Court dated 25.11.2011 in M.P.No.2 of 2011 IN wp(md)13433/11) WP No.13433/2011:Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to conduct a fair Srivilliputtur Union Chairman election by providing adequate police protection to be held on 30.11.2011 at Srivilliputtur Panchayat Union Office by taking necessary videography of polling. WP No.13590/2011:Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to conduct a fair Srivilliputtur Panchayat Union Chairman election upon accepting the petitioner nomination for the Chairman election of Srivilliputtur Panchayat Union by providing adequate police protection to the petitioner's life and limb to be held on 30.11.2011 at Srivilliputhur Panchayat Union Office by taking necessary videography of polling. WP No.13653/2011:Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to conduct a fair Srivilliputhur Panchayat Union Chairman election by providing adequate police protection to the petitioners life and limb to be held on 30.11.2011 at Srivilliputhur Panchayat Union Office by taking necessary videography of polling. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioner in WP 13433/2011 :Mr.K.K.Ramakrishnan For Petitioners in WPs 13590 & 13653/2011 :Mr.Veera.Kathiravan For Respondents in all WPs:Mr.K.Mahendran,Special Government Pleader. COMMON ORDER The petitioners in all these writ petitions were elected as Councillors from various Wards in the Srivilliputhur Panchayat Union. The Panchayat Union comprises of 15 Wards. Out of the 15 elected Councillors, 8 are before this Court in the above 3 writ petitions. 2.The election to the post of Chairman of the Panchayat Union was originally scheduled to be held on 29.10.2011. But it appears that the election was postponed to 30.11.2011. 3.Though the petitioners have cited various reasons for the postponement of the election of the Chairman of the Panchayat Union, the allegations are denied by the learned Special Government Pleader. But at this stage, it may not be necessary for me to record a finding about the correctness or otherwise of the reasons for the postponement of the election. The fact remains that the elections were postponed on account of certain incidents. 4.Under the above circumstances, the petitioners herein who represent nearly 50% of the elected Councillors of the Panchayat Union, seek police protection and the smooth conduct of the election of the Chairman by all methods possible. 5.Mr.K.Mahendran, learned Special Government Pleader submitted that the Election Commission had already ensured police protection and videographing in some of the booths considered to be sensitive. It is needless to point out that Panchayats in which elections could not take place on the scheduled date earlier and which got postponed due to some problem, will necessarily have to have police protection and videographing One of the petitioners also seek appropriate directions to enable him to file nomination. The learned counsel for the petitioners submit that unless the respondents ensure the conduct of the elections in a smooth manner on 30.11.2011, the outcome may not be in tune with democratic principles. 6.Therefore, all these writ petitions are disposed of with the following directions:- (i)The Superintendent of Police, Virudhunagar District, is directed to provide sufficient police protection, in such a manner that will ensure the smooth conduct of the election to the post of Chairman of the Panchayat Union and also in a manner enabling the participation of all the elected Councillors. (ii)The entire process shall be videographed. (iii)All persons who wish to file nominations shall be allowed to file nominations and contest the elections subject to the satisfaction of the eligibility criteria etc. 7.The writ petitions are disposed of with the above directions. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) / TRUE COPY / Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Superintendent of Police, Virudhunagar District, Virudhunagar. 3.The State Election Commissioner, O/o.The State Election Commission, Tamil Nadu State Government, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Koyambedu, Chennai-600 106. 4.The Block Development Officer/Returning Officer, Srivilliputtur Panchayat Union, Srivilliputtur, Virudhunagar District. +1CC to M/s.K.K.Ramakrishnan, Advocate. SR.No.41889. +2CC to M/s.Veera.Kathiravan, Advocate. SR.Nos.41888 & 41887. RP/29.11.11/3P/8C. WP(MD)Nos.13433, 13590 and 13653 of 2011 and MP(MD)Nos.1, 1 and 2 of 2011 29.11.2011 https://hcservices.ecourts.gov.in/hcservices/