1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2011 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)Nos.11934, 11965 and 11966 of 2011 Ponnusamy : Petitioner in WP 11934/2011 S.Rajendran : Petitioner in WP 11965/2011 V.R.Palaniraj : Petitioner in WP 11966/2011 vs. 1.The Election Commissioner, Tamil Nadu Election Commission, Chennai. 2.The Election Officer/District Collector, Virudhunagar District,Virudhunagar. 3.The Superintendent of Police, Virudhunagar District,Virudhunagar. 4.The Block Development Officer, Vembbakottai Panchayat Union, Vembakottai, Virudhunagar District. : Respondents in WP 11934/2011 1.The District Election Officer/District Collector, Virudhunagar District, Virudhunagar. 2.The Superintendent of Police, Virudhunagar District,Virudhunagar. 3.The Election Conducting Officer-cum- Block Development Officer, Sivakasi Panchayat Union, Sivakasi,Virudhunagar District. : Respondents in WP 11965/2011 1.The District Election Officer-cum- District Collector, Theni District,Theni. 2.The Superintendent of Police, Theni District, Theni. 3.The Election Returning Officer-cum- Municipal Commissioner, Bodinayakanur Town,Theni District. .. Respondents in WP 11966/2011 WP (MD) No.11934/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to ensure free and fair election for Kakkivadanpatti Village by taking videograph on the voting process and the counting process for the Kakkivadanpatti Village Panchayat President election. https://hcservices.ecourts.gov.in/hcservices/ 2 WP (MD) No.11965/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to conduct the Pethureddi Patti Village Panchayat Election in a free, fair and democratic manner on 19.10.2011 and counting of votes on 21.10.2011 with police protection and recording the entire election process in camera, Pethureddi Patti Village Panchayat, Sattur Panchayat Union, Virudhunagar District, on the basis of the representation of the petitioner dated 16.10.2011. WP (MD) No.11966/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to conduct the Bodinayakanur Town Municipal Chairman post in a free, fair and democratic manner on 19.10.2011 and counting of votes on 21.10.2011 with police protection and recording the entire election process in camera, Bodinayakanur Town Municipal Chairmen Post, Bodinayakanur, Theni District on the basis of the representation of the petitioner dated 18.10.2011. For Petitioner : Mr.R.Ramakrishnan in WP.11934/2011 and Mr.P.Subbaraj in WP.11965, 11966/2011 For R-1 in WP 11934/2011 : Mr.K.Mahendran, Special Government Pleader. For Respondents-2to4 in WP 11934/2011 and Respondents 1 to 3 in WPs 11965 & 11966/2011 : Mr.R.Karthikeyan, Additional Government Pleader. C O M M O N O R D E R These writ petitions have been filed seeking appropriate directions either for videographing the entire polling and counting process or for directing the respondents to conduct the elections in a free and fair manner with adequate police protection. 2. Heard Mr.R.Ramakrishnan and Mr.P.Subbaraj, learned counsel for the writ petitioners. Mr.K.Mahendran, learned Special Government Pleader takes notice for the Election Commission and Mr.R.Karthikeyan, learned Additional Government Pleader takes notice for the State. 3. On 14.10.2011, the Tamil Nadu State Election Commission has issued a notification in pursuance of the directions issued by the First Bench of this Court. The operative portion of the said notification reads as follows:- "Now, therefore the Tamil Nadu State Election Commission hereby indicates that the list of sensitive booths as reported by the District Election Officers/District Collectors in the Table annexed. It https://hcservices.ecourts.gov.in/hcservices/ 3 is directed that the videographing of the polling shall be compulsorily done in the said polling booths. Further, it is also directed to webcast the polling process, if found feasible. The District Election Officers/District Collectors are hereby empowered to add any number of polling stations under sensitive category duly considering the ground realities." 4. In view of the notification dated 14.10.2011 extracted above, the District Election Officers, who are respondents in these writ petitions, shall examine the matter in the light of the notification and if found necessary, take steps as indicated in the notification. 5. The writ petitions are allowed on the above terms. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Election Commissioner, Tamil Nadu Election Commission, Chennai. 2.The Election Officer/District Collector, Virudhunagar District, Virudhunagar. 3.The Superintendent of Police, Virudhunagar District,Virudhunagar. 4.The Block Development Officer, Vembbakottai Panchayat Union, Vembakottai, Virudhunagar District. 5.The Election Conducting Officer-cum- Block Development Officer, Sivakasi Panchayat Union, Sivakasi, Virudhunagar District. 6.The District Election Officer-cum- District Collector,Theni District,Theni. 7.The Superintendent of Police, Theni District,Theni. 8.The Election Returning Officer-cum- Municipal Commissioner, Bodinayakanur Town, Theni District. +1cc to Mr.Ramakrishnan, Advocate, Sr.No.35897 +2ccs to Mr.P.Subbaraj, Advocate, SR.No.35897, 35900 ssl GH : 18.10.2011 : 3p/12c WP(MD) Nos.11934, 11965 & 11966/2011 https://hcservices.ecourts.gov.in/hcservices/