S.V. RAMAMURTHY Vs. THE STATE ELECTION COMMISSIONER OF TAMILNADU, JAWAHARLAL NEHRU ROAD, KOYAMBEDU, CHENNAI

JUDGEMENT

(1.) This writ petition has been filed by way of public interest litigation seeking a writ in the nature of mandamus directing the first respondent, that is, State Election Commissioner of Tamil Nadu, to suspend the result declared by him on 27.12.2017 in the bye-election conducted at R.K. Nagar Constituency, Chennai District, on the ground of alleged violation of Section 123 of the Representation of the People Act, 1951.

(2.) The petitioner, an advocate of this Court, has in effect and substance alleged that the candidate declared as elected from R.K. Nagar Constituency in the City of Chennai resorted to corrupt practices within the meaning of Section 123 of the Representation of the People Act,1951. The writ petitioner contends that 145 candidates had filed their nominations, but 78 of them were rejected and 13 candidates withdrew. Ultimately, only 59 nominations were accepted. The real contest was between the electoral party candidates and the third respondent.

(3.) The details in the writ petition with regard to allocation of symbol are not relevant to the issue of whether orders as prayed for by the petitioner can be passed by this Court and are thus not recorded to avoid prolixity. This Court is also not concerned with the calibre or competence of the respective candidates. It is for the voters to exercise their choice to elect candidates.