R MOORTHY Vs. TAMIL NADU STATE ELECTION COMMISSION

JUDGEMENT

(1.) THIS writ petition is for a direction against the first respondent to ensure free and fair election in Ward No.18 of Alandur Municipality by providing comprehensive police protection with video coverage using Photo Electoral Rolls for the Municipality Bye Election to be conducted on 07.10.2009.

(2.) IT is seen that the petitioner, who is contesting in the Municipality bye Election in Ward No.18 of Alandur Municipality to be held on 07.10.2009 has made a representation to the first respondent on 25.9.2009 by which, he has requested the first respondent to provide police protection for the purpose of conducting of the election apart from providing video coverage. He has also requested to use photo electoral roll as it was done in the Parliamentary Elections as well as Legislative Assembly Elections previously. The first respondent has passed an order dated 01.10.2009 stating that using of photo electoral roll is followed only in the Parliamentary/Legislative Assembly Elections and not in the Municipal Elections. IT is also stated in the said order that electoral identity card number is provided in the electoral roll. Therefore, the first respondent has made clear as it is seen in the said order dated 01.10.2009, for the Municipal Elections, the electoral roll as used in the Assembly and Parliamentary elections will not be used.

(3.) PER contra, Mr. I. Paranthaman, learned counsel appearing for the first and third respondents by producing various documents to substantiate his contention would submit that even though under the letter dated 01.10.2009 the first respondent has taken a stand that the photo electoral roll will be used only for the purpose of the Assembly Elections and Parliamentary Elections, what was intended to be informed by the said letter was that the first respondent has clearly stated that there was no possibility for impersonation inasmuch as the electoral roll which is to be used for the purpose of Municipal Election, which may not contain the photo identity, but it contain the identity card numbers and therefore, there is no possibility for impersonation during the time of election. Therefore, according to him, only the photo will not be there and by the identity card number, it is always possible for the electoral officers to avoid any impersonation, which may be attempted to. It is his further submission that in fact the first respondent is using the Tamil Nadu Legislative Assembly Electoral Roll except when it relates to the Photo Electoral identity. Therefore, there is a compliance of Section 44 of the District Municipalities Act as well as Rule 15 of the 2006 Rules as stated above.