DRAVIDA MUNNETRA KAZHAGAM REP BY ITS SECRETARY LEGAL WING R S BHARATHI ANNA ARIVALAYAM DOOR NO 367 AND 369 ANNA SALAI TEYNAMPET CHENNAI Vs. TAMIL NADU STATE ELECTION COMMISSIONER OFFICE OF THE TAMIL NADU STATE ELECTION COMMISSION NO 208/2 HUNDRED FEET ROAD ARUMBAKKAM CHENNAI

JUDGEMENT

(1.) IN these batch of writ petitions and contempt petitions, the main question that falls for determination is whether non-compliance of the directions issued by the High Court with respect to compulsory videography and uniform distribution of police force requisitioned from other States would automatically nullify the election without any proof that such violation materially affected the results of election.

(2.) THE writ petitioner is the Secretary of Legal Wing of Dravida Munnetra Kazhagam [hereinafter referred to as "DMK"], which is a recognized political party. THE petitioner seeks a Writ of Mandamus directing the Tamil Nadu State Election Commission to conduct re-poll in 239 booths of Chennai Corporation as the election was marred by poll violence, booth capturing and rigging.

(3.) THE Commissioner of Police, Chennai City, in his counter affidavit denied the allegations made by the petitioner in the affidavit filed in support of the writ petition. THE Commissioner explained the steps taken by the police to ensure free and fair election to the Chennai Corporation. According to the Commissioner, Police personnel were deployed in all the centres. THE Commissioner very specifically denied the allegation of booth capturing and other poll related offences with respect to 239 polling stations.