R.M.BABU MURUGAVEL Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) Mr.R.M.Babu Murugavel, former Member of Legislative Assembly from Arni Constituency, Tiruvannamalai District and a Spokesperson of All India Anna Dravida Munnetra Kazhagam (AIADMK), is stated to have submitted a complaint dated 22.03.2019 to the Chief Electoral Officer, Fort St. George, Chennai, alleging that Dravida Munnetra Kazhagam, represented by its General Secretary Teynampet, Chennai and Mr.M.K.Stalin, President, Dravida Munnetra Kazhagam, respondents 2 and 3, respectively have made, malicious and defamatory speeches against the Hon'ble Chief Minister and therefore, in his petition dated 22.03.2019, requested the Election Commission of India, to take note of the speeches, issue appropriate directions to restrain the respondents 2 and 3 from making such defamatory statements, which according to the petitioner, is violative of the Model Code of Conduct.

(2.) Contending inter lia that the Chief Election Commissioner, Chennai, 1st respondent has not taken any action on the complaint dated 22.03.2019, writ petition is filed by R.M.Babu Murugavel, as a public interest litigation, for a mandamus directing Chief Election Commissioner, Chennai, 1st respondent to take the complaint dated 22.03.2019 and to dispose the same, as expeditiously as possible.

(3.) Supporting the prayer sought for and inviting the attention of this Court to the notifications issued, Sl.No.15 of the Model Code of Conduct, wherein false statement has been explained, paragraph No.4.3.1 of the same, and also to the "DOs and DON'Ts", for Electioneering to be followed by the political parties and candidates, Mr.T.V.Ramanujan, learned senior counsel for the petitioner submitted that disparaging statements not connected with public activities, are made against the Hon'ble Chief Minister, by respondents 2 and 3 and that therefore when a complaint dated 22.03.2019 is sent, Election Commission of India, which is mandated to conduct a free and fair election, ought to have taken action on the complaint.