MAKKAL SAKTHI KATCHI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Since, in these writ petitions common relief had been sought for, they have been heard and disposed of by this common order.

(2.) The common relief sought for in these writ petitions is for issuance of a direction to the first Respondent - Election Commission of India to re-schedule the General Election to the State Legislative Assembly of Tamil Nadu from 13.04.2011 to some other day taking into consideration, more particularly, the welfare of the students, whose annual examinations are scheduled during that period.

(3.) It appears that the Election Commission of India by notification dated 1.3.2011 announced the date for the General Election to the Legislative Assembly of the Tamil Nadu and the date for the General Election had been fixed on 13.04.2011. It is stated that the Government of Tamil Nadu has already scheduled the Higher Secondary Examinations (XII Standard) - 2011 from 02.03.2011 to 25.03.2011, and thereafter, scheduled the SSLC Examination (X Standard) - 2011 from 28.03.2011 till 11.04.2011. It is stated that more than 8 lakhs students will be taking up their Higher Secondary Examination and more than 9 lakhs students will be taking up their SSLC examination, and since, these two examinations are the most crucial exams for the student community, they require calm and peaceful atmosphere for their preparation, more particularly, without any noise pollution. It is further stated that apart from school examinations, many Universities have scheduled their practical and theory examinations in the months of March and April, 2011, and therefore, peaceful atmosphere for the entire student community during those months is a must. The Petitioners have contended that since schools will be pre-occupied for public examinations and the entire teaching community will be busy in the conduct of public examinations, it will be difficult for getting the school campuses for the use as polling booths, and the services of the teachers also may not be available for the conduct of the poll. The Petitioners further contended that since Tamil New Year's Day falls on 14th April of every year, and the festivities will start from the first week of April itself, the General Election on 13th of April, 2011 will cause inconvenience to the general public, as they will be going to their native places in connection with the aforesaid festival. The Election Commission of India, without considering the above stated facts announced the General Election on 13th April 2011 and therefore, rescheduling of the election is necessary to protect the interest of the students, teachers and the general public in Tamil Nadu.