LAWS(MAD)-2019-4-605

K.K.RAMESH Vs. CHIEF ELECTION COMMISSIONER

Decided On April 15, 2019
K.K.Ramesh Appellant
V/S
CHIEF ELECTION COMMISSIONER Respondents

JUDGEMENT

(1.) Mr.K.K.Ramesh, an independent candidate for 32 Madurai Parliamentary Constituency, Madurai, has filed the instant writ petition for a writ of mandamus, directing the Chief Election Officer (CEO), Tamil Nadu, Chennai and the Returning Officer, 32 Madurai Parliamentary Constituency and District Collector, Madurai, respondents 2 and 3 respectively, to cancel or postpone the 32 Madurai Parliamentary Constituency Election to be held on 18.04.2019 due to heavy supplying of cash for vote and crores and crores of money spend by AIADMK and DMK, by preparing false account statements produced before the Election Commission.

(2.) Reasons cited in the supporting affidavit at paragraph Nos.14 to 16 are as hereunder "14. I further submit that an unregister Letter Pad Party namely "SOURASHTRA MUNNETTRA KZHAGAM" and AIADMK party has jointly conducted a political meeting on 31.03.2019 at 4.00 pm, at Tamilnadu, Madurai, Teppakulam, Sourashtra club people are brought up to the venue by transportation like share auto, mini bus, Government bus, goods vehicle. I came to know about this and visited there. I have seen people receiving Rs.500/-, food token, sweets, snacks and coffee to participating in the dais. I gave complaint to the Election Commission Rom in Madurai collector Office. After that I heard some people are waiting with token for bus, share Auto and goods vehicle arranged by political party at Ramanathapuram Road, Narasimma Puram Street. So, I gave complaint through mobile to election commission flying squad. Flying squad rushed and captures the incidents with video camera.

(3.) Reliance has also been made to a decision of the Delhi High Court in ITA No.145 of 2001 dated 23.03.2016 between Commissioner of Income Tax Delhi-XI and Indian National Congress (I)/All India Congress Committee and the relevant portion of the judgment is reproduced.