K MANIVNNAN Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) In this writ petition, styled as a public interest litigation, the Petitioner has prayed for the issue of Writ of Mandamus forbearing the Respondents 2 to 59 from in any manner preventing or obstructing free movement or causing inconvenience to the travelling public in Light Motor Vehicles and in transport Corporation buses, and to the persons operating public carrier goods vehicles for carrying essential and basic articles, through various important Highways roads situated in the State of Tamil Nadu and by adopting illegal and arbitrary methods of search and seizure of their properties like cash, agricultural products, textiles, and other basic public utility items etc.

(2.) It is interesting to note that on the other hand, the aforesaid public interest litigation has been filed for the issue of Writ of Mandamus directing the Respondents to put adequate number of check posts on major roads or arterial roads in Tamil Nadu for the purpose of checking and search of vehicles and persons by the Static Surveillance Team and the Flying Squads of Respondents 1 and 2 in compliance with the Instructions on Expenditure Monitoring in Elections, more specifically paragraphs 4.6.1, 4.6.2, and 4.7.1 thereof issued by Respondent No. 1, and act strictly according to those instructions with a view to ensuring free and fair general election to the Legislative Assembly of Tamil Nadu, 2011.

(3.) In W.P. No. 6936 of 2011, the first Respondent is the Chief Executive Officer, Election Commission of India, Chennai. The second Respondent is the Secretary, Home Department, Government of Tamil Nadu, Chennai. The third Respondent is the Director General of Police, Police Headquarters, Chennai. Respondents 4 to 31 are the District Election Officers of various Districts in the State of Tamil Nadu. Respondents 32 to 59 are the Nodal Cell Officers, Flying Squad Team posted in various Districts in the State of Tamil Nadu.