DRAVIDA MUNNETTRA KAZHAGAM Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) With the consent of parties, the matter is taken up for final disposal.

(2.) The petitioner, a political party, has preferred this petition seeking a writ of mandamus to direct the respondents herein not to permit Thiru. K. Ramanujam, I.P.S. to hold the post of Director General of Police as Administrative Head from the State of Tamil Nadu when Thiru. Anoop Jaiswal has been appointed as the Director General of Police till the conclusion of the Election process, pursuant to the representations dated 2.2.2014 and 22.3.2014.

(3.) The case of the petitioner is that the appointment of Thiru. Anoop Jaiswal as Director General of Police (Elections) in addition to the present incumbent Thiru. K. Ramanujam as Director General of Police has created an anomalous situation which may hamper fair, smooth and independent conduct of elections in the State by the first and second respondents herein. It is stated that the present incumbent Thiru. K. Ramanujam is a favourite of the present Chief Minister, since when he was promoted and posted as Additional General of Police (Intelligence) on 19.5.2011, he was given full additional charge of the post of Director General of Police with effect from 20.5.2011, ignoring other senior officers. He was due to retire on 30.11.2012. However, just a few days before his superannuation, he was appointed as Director General of Police and by G.O. dated 12.11.2012, was granted a tenure of two years on the post of Director General of Police. Further, it is contrary to the Guidelines dated 9.1.2014 of the Election Commission of India addressed to the Chief Secretaries of all the States and Union Territories and to the Chief Electoral Officers of all the States and Union Territories. It is pointed out that there is a clear stipulation that no officer connected with elections, directly or indirectly, should be allowed to continue in the present district of posting - (a) if she/he is posted in her/his home district; (b) if she/he has completed three years in that district during the last four years or would be completing three years on or before 31.5.2014. It was further stipulated that any officer who is due to retire within coming six months shall not be engaged in performing election duties during the election. The present Director General of Police, Thiru. K. Ramanujam has already attained the age of superannuation, but is continuing on the post of Director General of Police on account of the Circular dated 20.12.2012, which is contrary to the guidelines .