1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD).No.12423 of 2011 And M.P.(MD).Nos. 1 & 3 of 2011 S.Thilageswari ... Petitioner -Vs- 1. The Election Commissioner (Local Bodies Election) State of Tamil Nadu Chennai 2. The District Election Officer/District Collector Virudhunagar District Virudhunagar 3. The Superintendent of Police Virudhunagar District Virudhunagar 4. The Election Officer/Block Development Officer Union Chairman Election Panchayat Union Narikkudi Virudhunagar District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to conduct the Union Chairman Election for Narikkudi Panchayat Union in the presence of the second and third respondents with adequate police protection by video graphing the entire election process to ensure free and fair election in a lawful manner without the interruption of ruling party men. *** For Petitioner : Mr.K.Balasubramanian For RR 1, 2 & 4 : Mr.K.Mahendran Special Government Pleader For 3rd Respondent: Mr.K.P.Krishnadoss Government Advocate O R D E R The petitioner has come up with the above Writ Petition seeking a Mandamus directing the respondents to conduct the election to the post of Chairman of the Narikkudi Panchayat Union, with adequate police protection and by video graphing the entire process. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard Mr.K.Balasubramanian, learned counsel appearing for the petitioner, Mr.K.Mahendran, learned Special Government Pleader appearing for the Respondents 1, 2 and 4 and Mr.K.P.Krishnadoss, learned Government Advocate appearing for the third respondent. 3. The petitioner was elected as the Councilor of Ward No.1 of the Narikkudi Panchayat Union, in the Elections held on 19.10.2011. On 29.10.2011, the Election for the post of Chairman of the Panchayat Union was scheduled to be held. But the Election could not take place in view of the fact that a few persons entered the polling station and created lawlessness. The ballot papers were taken away and the Election could not go on. Consequently, the Election Officer postponed the Election to the post of Chairman of the Panchayat Union. Thereafter, the petitioner has come up with the above Writ Petition. 4. The fourth respondent has filed a counter. In the counter, she has stated that two persons filed nomination for the post of Chairman of the Panchayat Union in the Election scheduled to be held on 29.10.2011. All the elected Councilors and the Returning Officer were present for proceeding with the election process. At that time, it is stated in para 3 of the counter affidavit filed by the fourth respondent that a few unidentified persons, trespassed into the room and snatched the nomination papers and ballot papers. Therefore, the Election was admittedly postponed. 5. However, in para 5 of the counter affidavit of the fourth respondent has assured that as and when the next Election date is commenced, the Returning Officer will take measures to deploy adequate police protection and for video graphing the entire election process. 6. In view of the undertaking given in para 5 of the counter affidavit of the fourth respondent, the Writ Petition is disposed of directing the respondents to (1) videograph the whole process of the election (2) deploy adequate police force to prevent the recurrence of the incidents that took place on 29.10.2011 and (3) register FIRs and take stern action against persons who spoiled the election on 29.10.2011, by looking into the evidence available in the form of video recording. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Election Commissioner (Local Bodies Election) State of Tamil Nadu, Chennai 2. The District Election Officer/District Collector Virudhunagar District Virudhunagar https://hcservices.ecourts.gov.in/hcservices/ 3 3. The Superintendent of Police Virudhunagar District Virudhunagar 4. The Election Officer/Block Development Officer Union Chairman Election Panchayat Union Narikkudi, Virudhunagar District + 1 cc to The Special Government Pleader, SR No.38786 W.P.(MD).No.12423 of 2011 And M.P.(MD).Nos. 1 & 3 of 2011 09.11.2011 vsg RJ/21.11.11 3p/6c https://hcservices.ecourts.gov.in/hcservices/