IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 21.10.2010 Coram: The Honourable Mr.M.Y.EQBAL, CHIEF JUSTICE and The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No. 23228 of 2010 and M.P.No.1 of 2010 All Media Journalists Association, Rep. By its President, P.G.Sathyalaya Ramakrishnan, No.B-28, Tower Block, Taylor’s Road, Kilpauk, Chennai – 600 010. … Petitioner vs. 1. The Chief Election Commissioner, Election Commission of India, Nirvan Sadan, New Delhi. 2. The Chief Electoral Officer, The Election Commission, The State Government of Tamil Nadu, Fort.St.George, Chennai. … Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents to initiate the proper system of enrolling in the election process as notified vide advertisement notice published in Indian Express Daily dated 01.10.2010 by the second respondent in respect of Member of Legislative Council Election by the Election Commission of India eligible graduate voters by following the well established method of voters enrollment and following the normal and balance mechanism used in preparing the voters list. For Petitioner ::: Mr.M.K.S.Sundar for M/s.Yes We Associates For Respondents::: Mr.G.Rajagopal, Senior Counsel for M/s.G.R.Associates https://hcservices.ecourts.gov.in/hcservices/ O R D E R THE HON’BLE CHIEF JUSTICE & T.S.SIVAGNANAM In this petition, by way of public interest litigation, the petitioner namely, All Media Journalists Association represented by its President seeks a direction upon the respondents namely, the Chief Election Commissioner, Election Commission of India and the Chief Electoral Officer, State of Tamil Nadu to initiate proper system of enrolling in the election process as notified by the advertisement published in Indian Express Daily dated 01.10.2010 by the second respondent in respect of Member of Legislative Council Election, particularly for the Graduate Constituencies in the State of Tamil Nadu. 2. The contention of the petitioner is that instead of proper preparation for conducting election such as enrolling of the eligible voters, the respondents are adopting a short cut route of calling the eligible graduate voters to come forward on their own and to register themselves as graduate voters in each Graduate Constituencies. According to the petitioner, for the purpose of ensuring preparation of proper and valid voters’ list and ensuring fair and transparent election process, the procedure provided for conducting elections to M.L.As and M.Ps should be adopted. In a nutshell the petitioner is not satisfied with the process adopted by the respondents as contemplated in the notice published in the newspaper namely, The Indian Express daily. 3. Rule 31 of the Registration of Electors Rules, 1960 provides the procedure for preparation of electoral rolls for the purpose of graduates’ and teachers’ constituencies. The said rule reads as under: - “31. Rolls for graduates' and teachers' constituencies .—( 1 ) The roll for every graduates' or teachers' constituency shall be prepared in such form, manner and language, or languages as the Election Commission may direct. (2) The roll shall be divided into convenient parts which shall be numbered consecutively. (3) For the purpose of preparing the roll the registration officers shall, on or before the 1st October, issue a pubic notice calling upon every person entitled to be registered in that roll to send to, or deliver at his office https://hcservices.ecourts.gov.in/hcservices/ before the 7th day of November next following an application in Form 18 or Form 19, as the case may, be, for inclusion of his name: [Provided that for the purpose of preparing the roll for the first time for the Legislative Council of the State of Madhya Pradesh, the references to the 1st October and the 7th day of November shall be construed as references to the 31st December, 1966 and the 7th day of February, 1967, respectively.) ( 4 ) The said notice shall be published in two newspapers having circulation in the constituency and republished in them once on or about the 15th October and again on or about the 25th October: [Provided that in relation to the preparation of the roll for the first time for the Legislative Council of the State of Madhya Pradesh, the references to the 15th October and the 25th October shall be construed as references to the 15th January and 25th January, 1967, respectively.] [( 4A ) The provisions of sub-rule ( 3 ) and sub-rule ( 4 ) shall apply in relation to revision of the roll for every graduates' or teachers' constituency under sub-section ( 2 ) ( a ) ( ii ) of section 21 of the Act as they apply in relation to the preparation of such roll subject to the modification that references to the 1st October and the 7th day of November in sub-rule ( 3 ) and references to the 15th October and 25 October in sub-rule ( 4 ) shall be construed respectively as references to such dates, as may be specified by the Election Commission in relation to each such revision.] ( 5 ) The provisions of rules 10 to 27 except clause ( c ) of sub-rule ( 1 ) and clause ( c ) of sub-rule ( 2 ) of rule 13 shall apply in relation to graduates' and teachers' constituencies as they apply in relation to assembly constituencies: Provided that a claim or an application for the inclusion of a name shall be made in Form 18 or Form 19 as may be appropriate.” https://hcservices.ecourts.gov.in/hcservices/ 4. It has not been disputed by the petitioner that the respondents are adopting the procedure other than the one prescribed in the aforesaid rules, and fixing the date for submission of application and registration as graduate voters. In that view of the matter, this Court cannot substitute a different mode of preparation of electoral rolls of the graduate voters for election of members of Legislative Council for the Graduate Constituencies. The petitioner is at liberty to move the appropriate authority for the change of mode and for any other method of preparation of electoral rolls. 5. For the reasons aforesaid, no relief can be granted in this petition, which is accordingly dismissed. No costs. Consequently, miscellaneous petition is closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar pv/- Copy to: 1. The Chief Election Commissioner, Election Commission of India, Nirvan Sadan, New Delhi. 2. The Chief Electoral Officer, The Election Commission, The State Government of Tamil Nadu, Fort.St.George, Chennai. + 1 cc to the M/s. Yes we Associates, Advocate Sr.75894 + 1 cc to M/s. G.R. Associates, Advocate SR.75759 + 1 cc to the Government Pleader SR.75928 W.P.No.23228 of 2010 JRG(CO) EU 29.10.10 https://hcservices.ecourts.gov.in/hcservices/