[Cites 2, Cited by 0]
Madras High Court
Raghul Gandhi K (Rgk) vs The Chief Election Commissioner on 7 April, 2026
2026:MHC:1388
W.P.No.12903 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.12903 of 2026
Raghul Gandhi K (RGK)
S/o.Krishnan,
National Organizer and South Zone Leader,
Hindustan Janata Party,
No.124, EB Colony 2nd Street,
Ponnairajapuram, Gandhi Park,
Coimbatore-641 001
Petitioner
Vs
1.The Chief Election Commissioner
Election Commission of India,
Nirvachansadan, New Delhi-110001
2.The Chief Electoral Officer
Tamil Nadu,
Secretariat, Chennai-600 009
3.The Chief Electoral Officer
Puducherry,
Puducherry.
Respondents
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W.P.No.12903 of 2026
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus to consider the pass
appropriate orders on the petitioner's representation dated 22.01.2026
within the time limit which may be fixed by the Court.
For Petitioner: Dr.G.Krishnamoorthy
for Mr.A.K.M.Samsu Nihar
For Respondents: Mr.Niranjan Rajagopalan
Standing Counsel
for R1 and R2
Mr. V.Vasanthakumar
Addl. GP (Puducherry)
for R3
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
Heard on admission.
2. This writ petition under Article 226 of the Constitution of India
has been filed by the petitioner seeking direction to the respondents to
consider his representation dated 22.1.2026.
3.1. Learned counsel for the petitioner submitted that the
petitioner, through his representations, to the Election Commission of
India has suggested that:
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(a) no special privileges shall be extended to major
political parties during nomination, campaigning,
polling or counting;
(b) permanent election symbols allotted to major
political parties shall be temporarily suspended or
permanently cancelled and they must obtain symbols
constituency-wise similar to independent candidates;
(c) priority placement of major political parties on
EVMs/ballots shall be completely prohibited and
candidates names must be displayed strictly in
alphabetical order;
(d) banning of proxy and excessive agents during
polling/counting;
(e) abolition of appointment of polling agents inside the
booths; and
(f) permitting to observe the polling by candidates
themselves or his/her authorities representative.
3.2. Learned counsel for the petitioner further submitted that the
representation of the petitioner also includes uniform symbol allotment
procedure; strong action against vote-buying; and constitution of
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mobile election courts. According to learned counsel, despite the
receipt of the representations, the Election Commission of India has
not taken any action, which necessitated the petitioner to file the
present writ petition.
4. Admittedly, the petitioner’s representation seeks amendment
in the election rules/laws and any direction given by this court
exercising jurisdiction under Article 226 of the Constitution of India
would be tantamount to directing the legislature to legislate in a
particular manner, which the courts cannot direct.
5. In C.Jacob v. Director of Geology and Mining and another 1,
the Apex Court dealing with the concept of representations and the
directions issued by the courts to consider the representations and the
challenge to the said rejection thereafter. In paragraph 10, the Apex
Court held thus:
"10. Every representation to the Government for
relief, may not be replied on merits. Representations
relating to matters which have become stale or
barred by limitation, can be rejected on that ground
alone, without examining the merits of the claim. In
(2008) 10 SCC 115
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regard to representations unrelated to the Department, the
reply may be only to inform that the matter did not concern
the Department or to inform the appropriate Department.
Representations with incomplete particulars may be replied
by seeking relevant particulars. The replies to such
representations, cannot furnish a fresh cause of action or
revive a stale or dead claim."
[emphasis supplied]
6. In the instant case, the petitioner neither produced any
material, nor disclosed any particulars in support of his claim that the
existing system is flawed. That apart, no violation of any law is
alleged. On a reading of the representation of the petitioner dated
22.1.2026, we are of the view that the said representation is stale.
7. In C.Jacob (supra), the Apex Court has categorically held that
courts should desist from directing consideration of representation as a
matter of course, when on the face of it, such representation is stale.
In paragraph 14, it has been held as under:
“14. We are constrained to refer to the several facets
of the issue only to emphasize the need for
circumspection and care in issuing directions for
‘consideration'. If the representation is on the face
of it is stale, or does not contain particulars to
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show that it is regarding a live claim, courts
should desist from directing ‘consideration' of
such claims.”
[emphasis supplied]
8. Any direction issued in this petition to the authorities would
only be a direction to the legislature to legislate in a particular way,
which the courts are enjoined from directing. It is well settled that
courts cannot direct the legislature to legislate law in a particular way.
It is for the legislators to legislate laws.
In the light of law expounded by the Supreme Court and the
blissfully vague averments in the petition, we are not inclined to
entertain the writ petition. The writ petition is dismissed. There shall
be no order as to costs.
(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J)
07.04.2026
Index : Yes/No
Neutral Citation : Yes/No
bbr
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To:
1.The Chief Election Commissioner
Election Commission of India,
Nirvachansadan, New Delhi-110001
2.The Chief Electoral Officer
Tamil Nadu,
Secretariat, Chennai-600 009
3.The Chief Electoral Officer
Puducherry,
Puducherry.
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THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
bbr
07.04.2026
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