SEKAR BALASUNDERAM Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Petitioner, an Indian citizen and a member of Dravida munnetra Kazakam(DMK), a political party in Taml Nadu, seek by this writ petition a mandamus for deffering the elections to be held in Andipatti Assembly Constituency of Tamil Nadu till the electoral rolls are rectified A direction is also sought for rectification of the electrol rolls prepared in Andipatti Consttuency and to held election along with other Constituencies, namely Saidapet and vanniyampadi in Tamil Nadu. Petitioner also seeks disciplinary action to be taken against erring officers responsible for committing irregularities in the preparation of voters list in the Andipatti Assembly Constituency

(2.) Learned councel for the Election Commission on receiving advance copy of petition had apperead when the writ petition came up for admission. He raised an objection as to the maintainability of the writ petition. Without prejudice to\ the contentions on maintainability, Election Commission has filled an affidavit averring that compalints received from the petitioners and others, were duly considered and investigated. corrective action was taken where necessary and complaints were dealt with in accordeence with law.

(3.) Mr J. Jayalalithaa,who is herself a candidate for the by-election, on belalf of AIADMK, moved an application (CM.1101/02) for impleadmentin the writ petition. She was implemended as respondent No. 3 with no objection from the petitioner.