R. SADASIVAM Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The petitioner apart from claiming that he is a practicing Advocate and tax payer also would state that he is the Constituency Secretary of the "Puratchi Thalaivi Amma Peravai", a Wing of "All India Anna Dravida Munnetra Kazhagam" (AIADMK) incharge of Thousand Lights and Chepauk-Thiruvallikeni, South Chennai-North (East) District. It is the case of the petitioner that there were number of voters / persons shifted from No.20, Thousand Assembly Constituency by virtue of the housing allotments made by the Tamil Nadu Slum Clearance Board and they are numbering 4188 and similar exercise has also been carried out in respect of No.19-Chepauk-Thiruvallikeni Assembly Constituency and they are numbering 2871. It is also pointed out by the petitioner that slum dwellers lying adjacent to the banks of Coovam River in the city of Chennai has also been evicted and they have been given alternative accommodation, despite that their names continue to be shown in the said Constituency.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner, in this regard, had submitted representations dated 04.12.2020, 07.12.2020, 09.12.2020, 10.12.2020, 14.12.2020, 23.12.2020 and 06.01.2021 to the respondents, praying for appropriate action for deletion of the voters list and despite that fact, no action has been taken and the voters, who have been shifted from the said Constituency continue to be shown in the electoral list and prays for appropriate orders.

(3.) Mr.Niranjan Rajagopalan, learned Standing Counsel accepts notice on behalf of the respondents 1 to 4 and drawn the attention of this Court to the communication of the 2nd respondent dated 29.12.2020, bearing Letter No.8160/Ele-I/2020-1, and would submit that in the light of the representation dated 23.12.2020, received from the petitioner, necessary communication has been sent to the 3rd respondent to take appropriate action as per the extant instructions of the Election Commission of India and to send Action Taken Report to the 2nd respondent on or before 07.01.2020, by according top priority. It is the further submission of the learned Standing counsel, on instructions, that totally 12,032 have been deleted in respect of Chepauk-Thiruvallikeni Constituency and in respect of 2000 persons, notices have been issued as to their removal and in the light of the above cited communication of the 2nd respondent, necessary action is being taken strictly in accordance with the relevant provisions of the Representation of the People Act, 1950 and prays this Court to pass appropriate orders.