1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).Nos.2768 and 2769 of 2011 and M.P.Nos.1 to 3 of 2011 K.Manavalan, S/o.Thiru A.Kuttalam, President, South Indian Consumer and Human Rights Protection Council, 155/1, North Veli Street, Simmakkal, Madurai 1. : Petitioner in W.P.(MD).No.2768 of 2011 Dr.Samuel George Kalaiarasar : Petitioner in W.P.(MD).No.2769 of 2011 Vs. 1.The Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110 001. 2.The Chief Electoral Officer (CEO), Principal Secretary to Government, Secretariat, Chennai 600 009. : Respondents in W.P.(MD).No.2768 of 2011 1.The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110 001. 2.The Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.CMBT, Arumbakkam, Chennai 600 106. : Respondents in W.P.(MD).No.2769 of 2011 PRAYER in W.P.(MD).No.2768 of 2011: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to postpone the Tamil Nadu State Legislative Assembly Election scheduled to be held on 13.04.2011 to the month of May 2011, and to grant any other relief or reliefs. PRAYER in W.P.(MD).No.2769 of 2011: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarifed Mandamus calling for the records relating to the impugned proceedings issued by the first respondent Election Commission of India vide proceedings in No.ECI/PN/17/2011, dated 01.03.2011 quash the same insofar as the General Election to the Legislative Assembly of Tamil Nadu is concerned, and further direct the respondents to commence the election process after the completion https://hcservices.ecourts.gov.in/hcservices/ 2 of public examinations viz., Higher Secondary Course, SSL C and Matriculation. For Petitioner in W.P.(MD).No.2768 of 2011 : Mr.K.Samidurai For Petitioner in W.P.(MD).No.2769 of 2011 : Mr.S.Xavier Rajini For Respondents in both WPs. : Mr.R.Janakiramulu Special Government Pleader COMMON ORDER [Order of the Court was made BY K.SUGUNA, J] The prayer in Writ Petition (MD).No.2768 of 2011 is to issue a Writ of Mandamus directing the respondents to postpone the Tamil Nadu State Legislative Assembly Election scheduled to be held on 13.04.2011 to the month of May 2011. 2. The prayer in Writ Petition (MD).No.2769 of 2011 is to quash the election notification issued by the first respondent - Election Commission of India, vide proceedings in No.ECI/PN/17/2011, dated 01.03.2011 and for a direction to the respondents to commence the election process, after the completion of public examinations viz., Higher Secondary Course, SSLC and Matriculation. 3. It is brought to the notice of this Court by the learned Special Government Pleader that the issue involved in these Writ Petitions has already been dealt with by the First Bench of the Principal Seat of this Court in W.P.Nos.5790, 5826 and 5930 of 2011 and by order dated 09.03.2011 the said Writ Petitions were disposed of by observing as follows:- “14. After giving our anxious consideration in the matter, we are of the view that since election will be held in the State of Tamil Nadu and the Union Territory of Puducherry after all the examinations, including the Higher Secondary Examinations are over, we do not think it just and proper to issue direction to the Election Commission of India to postpone the election. However, we feel that we must impose the following conditions, which shall strictly be followed by the Election Commission of India and the Chief Electoral Officer, Tamil Nadu :- (i)No teachers of the school, where examinations are held shall be deployed or called for training before the completion of the above mentioned examinations. (ii)No school buses and other vehicles owned by the educational institutions shall be requisitioned or seized before 11.04.2011 for the purpose of election. (iii)The respondents shall take special care, before requisitioning the State Transport Vehicles in the State, for the convenience of the students, who use the same for reaching their examination centers. https://hcservices.ecourts.gov.in/hcservices/ 3 (iv)There shall be no campaigning or election canvassing by any political party, its followers or sympathizers within 200 meters of any school which have been designated as examination centres.” 4. Since a similar issue has already been dealt with by the First Bench of the Principal Seat of this Court, following the above order, these Writ Petitions are also disposed of on the similar lines. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To 1. The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 110 001. 2. The Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp.CMBT, Arumbakkam, Chennai 600 106. 3. The Chief Electoral Officer (CEO), Principal Secretary to Government, Secretariat, Chennai 600 009. +1cc to Mr.S.Xavier Rajini, Advocate SR.No.7488 +2cc to The Special Govt.Pleader SR.No.7818 & 7819 COMMON ORDER MADE IN W.P.(MD).Nos.2768 and 2769 of 2011 22.03.2011 NB PA/21.04.2011/3P/7C https://hcservices.ecourts.gov.in/hcservices/