The Madras High Court observed that petitioner had raised a frivolous matter which should not be thrown on the Court in the form of a PIL.

“This is utterly a frivolous matter and it is hoped that some degree of responsibility will be exercised before rubbish is thrown at the Court in future.”

The above observation was made by the Division-judge bench of Madras High Court, comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy while dealing with the Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 and 2 to issue necessary order to carryout compulsory medical test of all the candidates contesting the ongoing Tamil Nadu Legislative Assembly elections so that 6,29,43,512 voters can be protected from getting infected by the deadly COVID-19 virus.

Court Reasoning & Judgment

The Court held that:

“There is no basis for such prayer and there is no need for the candidates to subject themselves to such medical test merely because an odd citizen desires it.”

Hence, the Bench dismissed the Writ Petition with imposing cost on it and restrained petitioner from instituting any PIL in this Court for a period of one year without first obtaining the leave of the relevant Bench.

Case Details

Case: W.P.(MD) No.7078 of 2021

Petitioner: S.P.V. Paul Raj

Respondent: The Chief Electoral Officer, Chennai-9 Tamilnadu & Ors

Counsels for the Petitioner: Mr.S.K.Nagaraj

Counsels for the Respondent: Mr.Niranjan Rajagopalan, Mr.V.Jayaprakash Narayanan

Quorum: Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy

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Vishal Gupta