V.P.AMMAVASAI Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) Mr.V.P.Ammavasai, resident of of Palanichettipatti Town Panchayat, has filed the instant Public Interest Litigation seeking for a Writ of Mandamus, directing the Chief Election Commissioner, Election Commissioner of India, New Delhi and the State Election Commissioner, State of Tamil Nadu, Chennai, respondents 1 and 2 herein respectively, to take necessary action against the All India Anna Dravida Munnetra Kazahagam, represented by its Organizer, Mr.O.Panneer Selvam, the 3rd respondent herein, for giving promises in their election manifesto in violation of Part VII of Model Code of Conduct and guidelines framed therein, for election manifestos and promises made in the manifesto by considering his representation dated 20.03.2019, within a reasonable time.

(2.) In support of the prayer sought for, petitioner has contended that the ruling All India Anna Dravida Munnetra Kazahagam has issued an election manifesto on 19.02.2019, announcing that they would pay a sum of Rs.1500/- to the persons who are under poverty line, destitute women and widows, through their bank account. According to the petitioner, when the ruling All India Anna Dravida Munnetra Kazahagam party, is not in a position to pay the retirement benefits of the Government servants / employees, fulfill their obligations under the existing schemes like old age pension schemes, etc., and when there is a huge deficit of Rs.3,50,000/- Crores, manifesto now issued by the ruling All India Anna Dravida Munnetra Kazahagam party, is in violation of Part VII of Model Code of Conduct and therefore vindicating the same, the petitioner has sent a detailed representation dated 20.03.2019 to the Chief Election Commissioner, Election Commissioner of India, New Delhi and the State Election Commissioner, State of Tamil Nadu, Chennai, respondents 1 and 2 herein. But no action has been taken.

(3.) On the above averments, Mr.J.Ananthan, learned counsel for the petitioner made submissions. He also invited the attention of this Court to Clause No.18.3 of Chapter 18 of Model Code of Conduct issued by the Election Commission of India.