1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)Nos.12100, 12028, 12098, 12043, 12129, 12151 and, 12171 of 2011 and MP(MD)No.1 of 2011 in WP(MD)Nos.12100, 12129 and 12171 of 2011 W.P.(MD)No.12100 of 2011: P.Packiyanathan ... Petitioner vs. 1.The Chief Election Commissioner, Office of the Chief Election Commission, Tamil Nadu State Government, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Koyembedu, Chennai-600 106. 2.The Election Observer, Circuit House, Madurai. 3.The Election Officer/ Commissioner Madurai Corporation, Corporation Buildings, Madurai. 4.The District Collector, Office of the District Collector, Madurai. 5.The Commissioner of Police, Madurai. ... Respondents WP(MD)NO. 12028 OF 2011: A. Muthucharam ..Petitioner VS 1.The Tamil Nadu State Election Commissioner, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai 600 016. 2.The District Collector, Madurai District, Madurai. 3.The Commissioner, Corporation of Madurai, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The Commissioner of Police, Madurai City, Madurai. ..Respondents WP(MD)No. 12098 OF 2011: Inbalatha ..Petitioners VS. 1.The Tamil Nadu State Election Commissioner, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai 600 016. 2.The District Collector cum Presiding Officer, Office of The District Collector, Ramanathapuram. 3.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram. ..Respondent WP(MD)No. 12043 of 2011: T. Raja ..Petitioner Vs., 1.The Tamil Nadu State Election Commissioner, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai 600 016. 2.The District Collector cum Presiding Officer, Office of the District Collector, Ramanathapuram. 3.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram. 4.The Deputy Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram, Ramanathapuram District. ..Respondent WP(MD)No. 12129 of 2011 O. Rajendran ..Petitioner Vs. 1.The Tamil Nadu State Election Commissioner, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai 600 016. 2.The District Electrol Officer cum District Collector, Dindigul. ..Respondents https://hcservices.ecourts.gov.in/hcservices/ 3 WP(MD)No. 12151 of 2011: V.Prithivi Raj ..Petitioner Vs. 1.The Tamil Nadu State Election Commissioner, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai 600 016. 2.The District Electrol Officer cum District Collector, Dindigul. 3.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District. ..Respondents WP(MD)No. 12171 of 2011: Senthuran ..Petitioner Vs. 1.The Tamil Nadu State Election Commissioner, 208/2, Jawaharlal Nehru Salai, Arumbakkam, Chennai 600 016. 2.The District Collector, Ramanathapuram District, Ramanathapuram. 3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 4.The Election Officer, Kamuthi Panchayat Union, Ramanathapuram District. ..Respondents Prayer in WP(MD)No. 12100 of 2011: Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to provide adequate police protection with deployment of CRPF for the safety of the ballot boxes, votes, pertaining to the Panchayat Election and Corporation Election, Madurai, install web-cameras in all the counting halls, commence the counting of votes with adequate police protection with deployment of CRPF, by appointing a Central Observer to supervise the counting process with a team under the cover of videograph of the entire counting process scheduled on 21.10.2011 for the post of Mayor and other posts in Madurai. PRAYER IN WP(MD)No. 12028 of 2011: Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 1st Respondent to appoint an independent obserer and the 4th Respondent to give the required Police Protection at the Spot of the counting process for the Ward No. 37, Madurai Corporation, Madurai in the Americal College, https://hcservices.ecourts.gov.in/hcservices/ 4 Madurai on 21.10.2011. PRAYER IN WP(MD)No. 12098, 12043, 12151 of 2011: Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 1st Respondent to appoint a central observer from the begining to the end of all the counting process and CRPF should be deployed at the counting centers to avoid the confusion and to ensure tranxsparency and also direct the officials to install web cameras at counting centers to monitor the proceedings. PRAYER IN WP(MD)No.12129 of 2011: Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the Respondent 1 and 2 herein to engage Central Reserve Police Force (CRPF) for proper protection to the counting of votes, by appointing a neutral observer from Central Government to supervise the counting process under Cover of video graph in the entire counting process in the Local Body Election in Dindigul District scheduled on 21.10.2011. PRAYER IN WP(MD)No. 12171 of 2011: Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the Respondent to conduct the enquiry in the master of booth capturing in the Kovilankulam Panchayat, Kamuthi Taluk, Ramanathapuram District in the election held on 19.10.2011 for the post of Panchayat President and consequently react in accordance with law and provide adequate facility to monitor the fair counting which is scheduled on 21.10.2011. For Petitioner : Mr.Veera Kathiravan, in WPs 12100 & 12129/2011 For Petitioner : Mr.R.Venkatesh in WP 12151/2011 For Petitioner : Mr.R.Senthilkumar in 12043/2011 For Petitioner : Mr.L.Madhusudhanan in WP 12028 & 12171/2011 For Petitioner : Mr.R.Senthilkumar in WP 12098/2011 For Respondents : Mr.S.Venkatesh, in all the WPs Government Pleader. COMMON ORDER (Order of the Court was made by K.N.BASHA,J) The petitioner in W.P.(MD)No.12100/2011 has come forward with this petition seeking for a direction to the respondents to provide adequate police protection, with deployment of CRPF, for the safety of the ballot boxes and votes pertaining to the Panchayat Election and Corporation Election, Madurai, install web-cameras in all the counting halls, commence the counting of votes with adequate police protection with deployment of CRPF and by appointing a Central Observer to supervise the counting process, with a team, under the cover of videograph of the entire counting process scheduled to be held on 21.10.2011 for the post of Mayor https://hcservices.ecourts.gov.in/hcservices/ 5 and other posts in Madurai. 2.The petitioner in W.P.(MD)No.12028 of 2011 has also come with a similar prayer to direct the 1st respondent to appoint an independent observer and the 4th respondent to give the required police protection at the spot of counting process for Ward No.37, Madurai Corporation, Madurai, in the American College, Madurai, on 21.10.2011. The prayer in WP(MD)Nos.12043 and 12098 of 2011 is to the same effect of directing the respondents to appoint central observer and also to deploy CRPF Personnel at the time of counting centres in Ramanathapuram District. The prayer in WP(MD)Nos.12129 and 12151 of 2011 is to the same effect in Dindigual District. 3.The prayer in W.P.(MD)No.12171 of 2011 is for a direction to the respondents to conduct an enquiry in the matter of booth capturing in Kovilankulam Panchayat, Kamuthi Taluk, Ramanthapuram District, during the election held on 19.10.2011, for the post of Panchayat President and consequently react in accordance with law and provide adequate facility to monitor the fair counting which is scheduled on 21.10.2011. 4.Heard the learned counsel appearing for the petitioners in all the petitions and Mr.S.Venkatesh, learned Government Pleader, appearing for the respondents. 5.Mr.Veera Kathiravan, learned counsel for the petitioner in W.P.(MD)No.12100/2011, contended that the petitioners are having serious apprehension of certain untoward incidents at the time of counting of votes in respect of election conducted for Madurai Municipal Council. It is contended that in order to avoid any untoward incident, it is just and necessary to take safety measures, by providing police protection to the respective wards and more particularly by deploying CRPF personnel. He would further contend that counting process is admittedly going to be videographed and after videographing, Form-23 should be filled-up and thereafter Form-25 should be sent to the Corporation Commissioner, who is the Election Officer, and thereafter results are to be declared and as such a copy of Form-25 may be ordered to be given to the agents of the contesting candidates. 6.Mr.S.Venkatesh, learned Government Pleader, would submit that already safety and protection measures have been taken for the smooth counting of polled votes. It is submitted that a detailed counter affidavit has also been filed by the 5th respondent, namely, Commissioner of Police, Madurai City, Madurai. The learned Government pleader would submit that a status-report has also been filed by the 3rd respondent, namely Election Officer, Commissioner of Madurai Corporation. It is contended that pursuant to the orders of the I-Bench of this Court at Principal Seat, dated 14.10.2011, passed in W.P.No.23207 of 2011 etc. batch of cases, the respondents have strictly followed the directions given by the I-Bench of this Court. 7.It is submitted that as per the Status Report, in respect of apprehension regarding counting process in counting halls of Mayor Election and 100 wards in Madurai Municipal Corporation, the counting process will commence at 8.00 a.m. on 21.10.2011 in 24 halls, and opening of 12 strong rooms, where polled voting machines are kept, will be done at https://hcservices.ecourts.gov.in/hcservices/ 6 7.00 a.m. on 21.10.2011 and the process will continue. It is further stated that 12 Assistant Returning Officers and their staff have been appointed for counting Ward Member votes and similarly 12 Additional Assistant Returning Officers are appointed for counting of Mayor Votes. It is also stated in the Status Report, as pointed out by the learned Government Pleader, the entire process of counting will be videographed and 25 videographers have been employed for videographing of entire process from the beginning, i.e. opening of strong rooms till the end i.e. sealing of polled Electronic Voting Machines, without break. The videographers have been instructed to cover all the happenings within the hall meant for counting and they cover all the proceedings in all the seven tables in each hall like displaying seals on the machines, pressing the result section of machines, display of polled votes for each candidate and recording of these votes on part-II of Form 23. Further, computer tabulation of votes obtained by the candidates would also be recorded and as such fool-proof arrangements have been made to ensure fair counting process. Learned Government Pleader further stated that web casting of counting process involves fixing of 48 web cameras and 48 laptops at the rate of 2 web cameras and 2 laptops for each hall. Further 24 BSNL Broadband connections have to be obtained. All these steps require time and therefore the Returning Officer preferred video recording of counting process. Similar video recording of polling process was done in 225 Polling Stations, out of 1121 Polling Stations of Madurai Corporation, which were identified as sensitive polling stations by the Commissioner of Police and the Superintendent of Police, Madurai. 8.It is pointed out by the learned Government Pleader that by the arrangement made for video recording the entire counting process, any irregularity or untoward incident can be easily detected and appropriate action could be taken. It is also submitted that arrangements have been made to vote through postal ballots. Postal ballots have been printed, both for Mayor and Ward Members Election, and issued to personnel who are involved in election duty. The voted postal ballots would be received upto 8.00 a.m. on 21.10.2011 as per rules of the State Election Commission and taken up for counting. Therefore, it is submitted, the arrangements made for smooth counting process were clearly and categorically stated in the report submitted the 3rd respondent herein, namely the Commissioner of Madurai Municipal Corporation. 9.In respect of deployment of CRPF personnel is concerned, it is submitted that the Commissioner of Police is not having powers to summon CRPF Personnel and on the other hand, he has to request the Director General of Police to make such arrangements for deployment of CRPF. It is also categorically submitted before this Court by the learned Government Pleader that in the event of any necessity or exigency, the respondents would take immediate steps for summoning CRPF Police Personnel and deploying them in the respective counting centres. 10.We have also heard the learned counsel for the petitioners in other writ petitions and the learned Government Pleader on the submissions made by the respective counsel for the petitioners. 11.We have carefully considered the rival submissions made by the counsel on either side and also perused the entire materials available on record, including the affidavits of the petitioners and the https://hcservices.ecourts.gov.in/hcservices/ 7 counter filed by the respondents as well as the Status Report filed by the Election Officer for Madurai Municipal Corporation, namely the Commissioner of Madurai Corporation. 12.At the outset, we are constrained to state that the relief sought for by the petitioners have already been dealt with by the order dated 14.10.2011, passed by the I-Bench of this Court, in W.P.No.23207 of 2011, etc. batch of cases. We are incorporating the directions given by the I-Bench in the said order, which are here under: "21.For all the above reasons, we dispose of these writ petitions by issuing the following directions:- i)The respondents shall strictly comply with the commitments made in the counter affidavits filed by the first respondent as also the commitments made in the Circular No.C68/2011 dated 09.10.2011 issued by the first respondent. ii)The polling in all booths in the Chennai City Municipal Corporation area shall be compulsorily videographed. Simultaneously, the respondents shall examine the feasibility of webcasting the election in the Chennai City Municipal Corporation area and the same if found feasible shall be implemented, which shall be in addition to videography. iii)The State Election Commissioner shall issue a notification by 15.10.2011 indicating the sensitive booths in the rest of the State where videographing of the polling shall be compulsorily done and giving a direction to the respective District Collectors to webcast the polling process, if found feasible. iv)The State Election Commissioners of other States who have been invited to observe the election process are designated as independent observers and they shall be assigned areas for observation in such a manner the entire State is covered and such independent observers shall submit their reports to the State Election Commission. v)The police personnel who are drafted/requisioned from the State of Karnataka, Kerala and Maharashtra shall be uniformly distributed so as to ensure that all polling booths which have been declared as sensitive areas shall be posted with such police personnel along with the State police. The first respondent may also requisition and deploy C.R.P.F Personnel, if necessary, in order to avoid any untoward incident. vi)The State Election Commissioner shall take such other steps that may be required to ensure the conduct of elections in a free and fair manner without giving any room for complaints. No costs. Consequently connected miscellaneous petitions are closed." https://hcservices.ecourts.gov.in/hcservices/ 8 13.A perusal of the above said directions given by the I- Bench would make it abundantly clear that the 1st Bench had already directed about the presence of State Election Commissioners of other States who have been invited to observe the election process and designated as Independent Observers and they shall be assigned areas for observation in such a manner the entire State is covered and such independent observers shall submit their reports to the State Election Commissioner. Therefore, prayer of the petitioners to the effect of appointing independent observers is already fulfilled as per the direction given by the I-Bench. 14.In respect of deployment of CRPF Personnel, the I-Bench has already directed to the effect that the State Chief Election Commissioner may also deploy C.R.P.F. Personnel, if necessary, in order to avoid any untoward incident. Therefore, the relief sought for by the petitioners in respect of deployment of CRPF personnel is also fulfilled. Added to the said order of the I-Bench, the learned Government Pleader made a categorical statement, which is also recorded during the course of incorporating his arguments, to the effect that CRPF personnel would be deployed, if necessary, in order to avoid any untoward incident, by taking immediate steps. 15.In view of all these factors recording as stated above, we are disposing of all these petitions. We make it clear that the order of the I-Bench, dated 14.10.2011, would cover the local body elections in the State, namely all City Municipal Corporations as well as Panchayats in respect of the grievance of the petitioners and there may not be any further direction to be given. No costs. Connected miscellaneous petitions are closed. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR gb To: 1.THE CHIEF ELECTION COMMISSIONER, OFFICE OF THE CHIEF ELECTION COMMISSION, TAMIL NADU STATE GOVT., 208/2, JAWAHARLAL NEHRU SALAI, KOYEMBEDU, CHENNAI - 106. 2.THE ELECTION OBSERVER, CIRCUIT HOUSE, MADURAI. 3.THE ELECTION OFFICER/COMMISSIONER, MADURAI CORPORATION BUILDINGS, MADURAI. 4.THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, MADURAI. 5.THE COMMISSIONER OF POLICE, MADURAI. 6.THE DISTRICT COLLECTOR CUM PRESIDING OFFICER, OFFICE OF THE DISTRICT COLLECTOR, RAMANATHAPURAM https://hcservices.ecourts.gov.in/hcservices/ 9 7.THE SUPERINTENDENT OF POLICE, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM. 8.THE DEPUTY SUPERINTENDENT OF POLICE, RAMANATHAPURAM DISTRICT 9.THE DISTRICT ELECTROL OFFICER CUM DISTRICT COLLECTOR, DINDIGUL 10.THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT, DINDIGUL 11.THE ELECTION OFFICER, KAMUTHI PANCHAYAT UNION, RAMANATHAPURAM DISTRICT. 2CC'S TO MR. R. SENTHILKUMAR, ADVOCATE, SR: 36438 AND 36439: 2CC'S TO MR. VEERA KATHIRAVAN, ADVOCATE,SR: 36412 AND 36412: 1CC TO M/S. RIGHT LAW ASSOCIATES, ADVOCATES':SR:36440: DM::2011:DECEMBER:20:: Common Order in W.P.(MD)Nos.12100, 12028, 12098, 12043, 12129, 12151 and 12171 of 2011 MP(MD)No.1 of 2011 in WP(MD)Nos.12100, 12129 & 12171 of 2011 Dated:20.10.2011 9PAGES::17CC'S https://hcservices.ecourts.gov.in/hcservices/