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)No.12029 of 2011 and MP(MD)Nos.1 and 2 of 2011 S.Saravanan ... Petitioner vs. 1.The State Election Commissioner, The State Election Commission, Chennai. 2.The District Election Officer/ The District Collector, Thanjavur District. 3.The Returning Officer, (District Council Member/7th Ward), The Joint Registrar of Co-operative Societies, Thanjavur District. 4.The Rturning Officer, (Union Council Member)/ The Block Development Officer, Thiruvidaimaruthur Panchayat Union, Thanjavur District. 5.The Returning Officer/ The District Supply Officer, (District Council Member 6th Ward), Thanjavur District. ... Respondents Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent to issue suitable orders to 3rd, 4th and 5th respondents to permit the Government Employees those who are appointed as Election Duty to submit Form 15 and issue Ballet papers so as to enable them to cast their postal votes prior to date of counting of votes, scheduled to be held on 21.10.2011. For Petitioner : Mr.D.Sasikumar For Respondents : Mr.S.Venkatesh, Government Pleader. https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER (Order of the Court was made by K.N.BASHA,J) The petitioner has come forward with this writ petition seeking for the relief of directing the 2nd respondent to issue suitable orders to 3rd, 4th and 5th respondents to permit the Government Employees, who have been appointed on Election Duty, to submit Form 15 and issue Ballet papers so as to enable them to cast their postal votes prior to the date of counting of votes, scheduled to be held on 21.10.2011. 2.Mr.S.Venkatesh, learned Government Pleader, takes notice for the respondents. By mutual consent of the learned counsel for the parties, the main writ petition itself is taken up for final hearing at the time of admission itself. 3.Learned counsel for the petitioner would submit that the petitioner is a contesting candidate for District Councillor (7th ward) in Thanjavur District. It is contended that 526 Government Employees, who have been deployed for election in Thiruvidaimaruthu Panchayat Union, were not issued with ballot papers for casting their votes through post. Therefore, the learned counsel for the petitioner would submit that they should be issued with ballot papers to enable them to cast their votes, as counting of votes polled on 17.10.2011, is scheduled to be held on 21.10.2011. 4.It is contended that the Government Employees, who were on election duty in Thiruvidaimaruthur Panchayat Union, were asked to collect posting orders only on 15.10.2011 so as to enable them to do election duty, for which they were made to wait in Panchayat Union Office till 10.00 p.m. and posting orders were issued only after 10.00 p.m. Learned counsel for the petitioner would further submit that it took some time for the employees to trace-out particulars regarding the Ward Number in which they have voting right and voters I.D. particulars, tc and as such it took time to present duly filled-in Form-15 and therefore the same were submitted on 16.10.2011 but, the same were refused to be received by the returning officers concerned on 16.10.2011 and as such, the petitioner, being a contesting candidate, may lose many votes through postal votes. It is contended that in view of the same, the respondents may be directed to permit such Government Employees who were appointed on election duty to submit Form-15 and also permit them to cast their vote through post. 5.Per contra, learned Government Pleader would submit that the petitioner has come with vague and bald allegations. It is contended that in the affidavit filed in support of the writ petition the petitioner has not stated anything to establish that he is approaching this Court only to protect the interest of public. The learned Government Pleader would submit that not even an aggrieved Government Employee has approached the authorities or given https://hcservices.ecourts.gov.in/hcservices/ 3 representation to the returning officer or to any other respondents complaining refusal to receive Form-15. He would further submit that already 1000 Government Employees, who had approached the authorities concerned before 15.10.2011, have been furnished with ballot papers for exercising their voting rights through post and as such the present petition has been preferred only on mere apprehension and without any substance. Learned Government Pleader would, however, fairly submit that if at all it is the real grievance of the Government Employees who have been deputed for election work and furnished with Form-15 and their duly filled-in forms were not accepted by the returning officers, they may be allowed to exercise their voting right, in the event, they approach the returning officers concerned, with duly filled-in Form 15, on or before 6.00 p.m. today. 6.We have carefully considered the rival submissions made by the counsel on either side and also perused the entire materials available on record. 7.At the outset, we are constrained to state that the petitioner, who is a contesting candidate for District Council Member/7th Ward, Thanjavur District, has come forward with this petition without making out a case that public interest is involved in this matter. It is to be stated that not even a single Government Employee, for whom the petitioner is pleading, has come forward with any grievance by preferring any representation to the respondents herein. It is pertinent to note that even the so-called representation, dated 17.10.2011, was preferred only by the petitioner herein to the 4th respondent and other respondents. However, in order to protect the interest of the Government Employees who were deputed for election duty to enable them to exercise their voting right, we are inclined to grant some relief. The learned Government Pleader also would submit that such Government Employees, who have been issued with Form-15 and who are keeping it ready, may be allowed to submit the same in person before the 3rd respondent before 6.00 p.m. today and on such submission of Form-15 they will be allowed to cast their votes before him in respect of Ward No.7, for which the petitioner is contesting. 8.In view of the same, we direct the 3rd respondent herein, namely the Returning Officer for District Council Member/7th Ward, Thanjavur District, to permit the Government Employees, who were deputed for election duty and served with Form-15, to cast their votes in respect of Ward No.7 of the District Council on their submitting the filled-in Form No.15 before the 3rd respondent herein before 07.00 p.m. today. The learned Government Pleader is also requested to inform the concerned Returning Officer through telephone message or fax or other modes of communication forthwith. https://hcservices.ecourts.gov.in/hcservices/ 4 9.With the above direction, the writ petition is disposed of. No costs. Connected M.P.(MD)Nos.1 and 2 of 2011 are closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To: 1.The State Election Commissioner, The State Election Commission, Chennai. 2.The District Election Officer/ The District Collector, Thanjavur District. 3.The Returning Officer, (District Council Member/7th Ward), The Joint Registrar of Co-operative Societies, Thanjavur District. 4.The Rturning Officer, (Union Council Member)/ The Block Development Officer, Thiruvidaimaruthur Panchayat Union, Thanjavur District. 5.The Returning Officer/ The District Supply Officer, (District Council Member 6th Ward), Thanjavur District. Order in W.P.(MD)No.12029 of 2011 and MP(MD)Nos.1 and 2 of 2011 Dated:20.10.2011 gb SMA/18.11.2011/6C/4P https://hcservices.ecourts.gov.in/hcservices/