LAWS(MAD)-2015-9-55

BAR ASSOCIATION, PUDUKOTTAI Vs. THE CHIEF ELECTORAL OFFICER SECRETARY TO GOVERNMENT PUBLIC (ELECTIONS) DEPARTMENT SECRETARIAT AND ORS.

Decided On September 10, 2015
Bar Association, Pudukottai Appellant
V/S
The Chief Electoral Officer Secretary To Government Public (Elections) Department Secretariat And Ors. Respondents

JUDGEMENT

(1.) This Writ Petition filed as a Public Interest Litigation by the Bar Association, Pudukottai Town & District, seeks for issuance of writ of certiorarifiled mandamus to quash the Notification dated 13.08.2007, issued jointly by the Chief Electoral Officer and the Secretary to Government, Public (Elections) Department, first respondent and the Secretary, Delimitation Commission of India, second respondent, in so far it relates to the abolition of the Parliamentary Constituency of Pudukottai, as it stood in the draft Notification and to direct the Delimitation Commission of India, the second respondent to restore the said Constituency, as one of the Parliamentary Constituencies.

(2.) It is the say of the petitioner that the major extent of present Revenue District of Pudukottai was an independent Princely State and merged with the Union of India during 1948 and after India became a republic, the first Parliamentary Election was conducted during 1952 and Pudukottai Parliamentary Constituency was constituted as a separate Constituency, eventhough major part of it was part of Tiruchirappalli Revenue district. It is submitted that in the year 1974, Pudukottai, Alangudi, Thirumayam and Kulathur Taluks of Tiruchirappalli District and Aranthangi Taluk of Thanjavur District were carved out and the newly created Pudukottai District was formed consisting of five Revenue Taluks viz. Pudukottai, Aranthangi, Alangudi, Thirumayam and Kulathur.

(3.) The Delimitation Commission was constituted during 1973, which completed its task in October 1975 and Pudukottai Constituency was constituted as a separate Parliamentary Constituency with six Assemblies segments viz. Pudukottai, Kulathur, Alangudi, Aranthangi, Pattukottai and Peravurani. It is submitted that out of the five Assembly segments, Thirumayam was made as part of Sivagangai Parliamentary Constituency and the remaining Assembly segments of Pudukottai Revenue District and two Assembly segments viz. Pattukottai and Peravurani of Thanjavur Revenue District became part of Pudukottai Parliamentary Constituency. It is stated that based on the said delimitation, general elections for the Parliamentary were held for Pudukottai Constituency during the year 1977, 1980, 1984, 1987, 1991, 1996, 1998, 1999 and 2004.