K. MANI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Instant writ petition is for a certiorarified mandamus, directing the Chief Electoral Officer, Public (Elections) Department, Chennai, second respondent, not to utilise services of the Assistant Electoral Registration Officer (AERO), fourth respondent and all such officers of comparative or equivalent government position as that of fourth respondent, in the State of Tamil Nadu and who are facing disciplinary proceedings, under Rule 17 (b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules, as well as criminal cases, for grave charges, to ensure free and fair General Elections 2019 to be held on 18/4/2019 and consequently, to direct the Chief Electoral Officer, Public (Elections) Department, second respondent to give effect the order of Election Commission Letter No.437/6/2006/PLN-III, dated 6/11/2006, regarding posting of officer.

(2.) Petitioner states that he is an active member of Indian National Real Estate Builder Developers Mediators Association (INREBDMA) and member of Tamil Nadu Land, House, Flat Mediators Welfare Association (TNLHFMWA) and also a member of All India Anna Dravida Munnetra Kazhakam (AIADMK), which is a State level recognised political party.

(3.) Petitioner would state that the Election Commission of India had passed an order, on 6/11/2006, and the operative portion of the order, reads as under:-