R CHANDRAMOHAN MUNICIPALITY COUNCILLOR Vs. STATE ELECTION COMMISSIONER TAMIL NADU STATE ELECTION COMMISSIONER VADAPALANI

JUDGEMENT

(1.) IN this public interest litigation, the petitioner seeks a Writ of Mandamus to direct the respondents to take necessary steps for ensuring a free and fair election in the coming Municipality Chairman Election in Nagapattinam.

(2.) THE petitioner, an AIADMK candidate, is the Municipal Councillor of the 28th Ward of Nagapattinam Municipality. He states that in a public interest litigation preferred before this Court in W.P.No.40360 of 2006, by order dated 27.10.2006, this Court recorded the statement of the Advocate General that the election to the post of Municipal Chairman would be held by following the secret voting system only. THE Municipality Chairman election was conducted on 28.10.2006. THE allegation of the petitioner is that contrary to the statement given in the above Writ Petition, the secret voting system was not followed. THE petitioner alleged that when he and other Councillors went to cast the vote, the Commissioner of Nagapattinam Municipality restrained the 21 Councillors from casting the vote. Apart from that, the Election Officer of the Nagapattinam Municipality obtained signatures in stereotyped letters from 21 Councillors of Nagapattinam Municipality, stating that they do not know to read and write and that they were having low vision. When the Councillors refused, the third respondent received letters from them and he himself cast the votes of these Councillors on the ground that they were not literate and that they were having poor vision. It is alleged that the third respondent even addressed the media that he received letters from the Councillors and hence, he cast their votes.

(3.) THE petitioner contends that Rule 109 is not applicable to the said Councillors, since the said Rule is relevant only to persons who are illiterate, blind or physically infirm. It is stated that since the Chairman of the Municipality tendered her resignation on 22.03.2007, this Court dismissed the Writ Petition. It is stated that there afterwards, the election was scheduled to be held on 12.04.2007 and again some of the members threatened the Councillors to cast their votes and to make identification marks in the ballot papers while casting their votes to show who voted for whom. THE petitioner also alleges that the ruling party functionaries have threatened the Councillors that they would be present at the time of casting votes, that the Councillors would be issued pens to cast their votes which would help the ruling party members to identify who voted for whom. THE petitioner alleges that the malady that afflicted the earlier election continue to prevail even now to defeat the very democratic principle with which the elections are to be held. Considering the unfairness writ large and the possibility of maintaining a fair and free election again an impossible feat, the petitioner made a representation on 02.04.2007. Since the respondents have not taken any steps, the present Writ Petition is preferred before this court seeking a Writ of Mandamus to be issued to the respondent herein to take necessary steps to ensure free and fair Municipality Chairman election in Nagapattinam.