Madras High Court
Marumalarchi Makkal Iyakkam vs The Tamil Nadu State Election ... on 12 July, 2023
W.P.No.3937 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.3937 of 2022
Marumalarchi Makkal Iyakkam, Covai
rep. by its President V.Eswaran
40/3, Sengappa Konar Street,
Kurichi, Sundarapuram,
Coimbatore-641 024. .. Petitioner
Vs
1.The Tamil Nadu State Election Commission,
rep. by its Secretary,
208/2, Jwaharlal Nehru Road,
Arumbakkam,
Chennai-600 106.
2.The Election Officer,
Coimbatore Corporation,
Coimbatore.
3.The Commissioner of Police,
Office of the Commissioner of Police,
Coimbatore-641 018.
4.The Deputy Commissioner of Police,
Law and Order,
Coimbatore District.
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W.P.No.3937 of 2022
5.Coimbatore Corporation,
rep. by its Commissioner,
Coimbatore. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the respondents 1
and 2 to cancel the election held for Coimbatore Corporation and
form a committee under the head of Hon'ble Justice of this Hon'ble
Court to probe the incidents of rampant distribution of cash to
voters by considering the petitioner's representation dated
19.02.2022.
For the Petitioner : Mr.N.Ponraj
For the Respondents : Mr.S.Siva Shanmugam
for respondent No.1
: Mr.K.Mahesh
for respondent Nos.2 and 5
: Mr.S.Rajakumar
Addl. Public Prosecutor
for respondent Nos.3 and 4
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Mr.N.Ponraj, learned counsel for the
petitioner; Mr.S.Siva Shanmugam, learned counsel for the first
respondent; Mr.K.Mahesh, learned counsel for respondents 2 and 5
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W.P.No.3937 of 2022
and, Mr.S.Rajakumar, learned Additional Public Prosecutor for
respondents 3 and 4.
2. The petitioner seeks a direction to cancel the election held
for Coimbatore Corporation and form a Committee headed by a
Judge of this Court to probe the incidents of rampant distribution of
cash to voters by considering the petitioner's representation dated
19.02.2022.
3. Learned counsel for the petitioner submits that during the
elections held for Councilors of Coimbatore Corporation on
19.02.2022, rampant malpractices have taken place. Corrupt
practices were resorted to by the candidates and their agents.
According to learned counsel, there are 100 Wards. It was found
that the candidates and their agents were intensively taking steps
to give bribe for voters in the form of cash, goods or services with
intent to get their due amount in the political horse-trading while
electing the Mayor and Deputy Mayor.
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W.P.No.3937 of 2022
4. According to learned counsel for the petitioner, all parties
with a view to win the elections were maneuvering and indulging in
corrupt practices. Section 123 of the Representation of People Act,
1951 prohibits such corrupt practices. The newspaper reports also
depict and prove the allegation of the petitioner. The action was
taken by the first respondent only in few cases. The representation
was given by the petitioner, but no action was taken. One of the
incidents on the date of election is that in a marriage hall by name
Saraswathy Mahal, Ramanathapuram situated in Ward No.63 of
Coimbatore Corporation, money was distributed for purchasing
votes. Many such instances had taken place.
5. Learned counsel for the petitioner submits that even paper
reports could have been relied and action needs to be taken.
Reliance is placed on the judgment of this Court in the case of All
India Anna Dravida Munnertra Kazhagam v. The State Election
Commissioner and others, W.P.No.39400 of 2006 dated 16.2.2007,
reported in 2007 (1) CTC 705.
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W.P.No.3937 of 2022
6. We have also heard the submissions of learned counsel for
the first respondent and the other respondents.
7. Article 243ZG of the Constitution provides that no election
to any Municipality shall be called in question except by an election
petition presented to such authority and in such manner as is
provided for by or under any law made by the Legislature of the
State.
8. Elections have already taken place more than a year back
i.e. 19.02.2022. The candidates are elected. They are not parties
before us.
9. The judgment in the case of All India Anna Dravida
Munnertra Kazhagam (supra) relied by learned counsel for the
petitioner only deals with the preponderance of probabilities to be
taken into consideration by the Court when large number of
newspapers have reported about the prohibited activities.
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W.P.No.3937 of 2022
10. In the present case, the Election Commission has filed an
affidavit about the steps undertaken by the Election Commission. If
some cash is found, that itself would not indicate that each and
every candidate involved in corrupt practices. The Election
Commission has filed FIRs in respect of the incidents that have
come to their light. They recovered cash, liquor bottles and have
taken steps.
11. In view of the constitutional bar engrafted under Article
243ZG, it would not be possible to accede to the request of the
petitioner that the entire elections be set aside in the present writ
petition.
12. Any voter has a right to file the election petition against
the candidate who has indulged in corrupt practice. The said steps
are required to be resorted to in deserving cases and in accordance
with law.
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W.P.No.3937 of 2022
13. In the light of that, the writ petition stands disposed of.
There will be no order as to costs. Consequently, W.M.P.No.4084 of
2022 is closed.
(S.V.G., CJ.) (P.D.A., J.)
12.07.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To
1.The Secretary,
Tamil Nadu State Election Commission,
208/2, Jwaharlal Nehru Road,
Arumbakkam,
Chennai-600 106.
2.The Election Officer,
Coimbatore Corporation,
Coimbatore.
3.The Commissioner of Police,
Office of the Commissioner of Police,
Coimbatore-641 018.
4.The Deputy Commissioner of Police,
Law and Order, Coimbatore District.
5.The Commissioner,
Coimbatore Corporation,
Coimbatore.
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W.P.No.3937 of 2022
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
bbr
W.P.No.3937 of 2022
12.07.2023
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