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2025 DAILYLAW 15513 (MAD)

K.P.M.RAJA v. ELECTION COMMISSION OF INDIA

WP/2638/2025 · 2025-03-14

G Arul Murugan, R Subramanian

Transfer Petitionbody2025

Judgment text

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W.P.No.2638 of 2025 THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.03.2025 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.2638 of 2025 K.P.M.Raja ... Petitioner versus 1.Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001. 2.The Chief Executive Officer, Election Commission of India, Fort St George, Chennai - 600 009. 3.The District Election Officer and District Collector, Palayapalayam, Erode - 638 011. 4.The Superintendent of Police, District Police Office, Panneerselvam Park, Erode - 638 001. 5.M.R.Vijayabhaskar ... Respondents [R5 impleaded as per order dated 14.03.2025 made in W.M.P.No.8056 of 2025 in W.P.No.2638 of 2025] 1/5 https://www.mhc.tn.gov.in/judis W.P.No.2638 of 2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 08.01.2025 to prevent the 'Tent Strategy' in accordance with law within the time limit stipulated by this Court. For Petitioner : Mr.V.Arunagiri For Respondents : Mr.Niranjan Rajagopalan - R1 & R2 Mr.P.Ananda Kumar Government Advocate - R3 & R4 Mr.A.G.Veda Vikas - R5 O R D E R (Order of the Court was made by R.SUBRAMANIAN, J.) Prayer in the writ petition is for a mandamus and direct the respondents to consider the petitioner's representation dated 08.01.2025 to prevent the 'Tent Strategy' in accordance with law. 2. It is the claim of the petitioner that the major political parties locked up voters in tents like goats and cows on the promise of providing them work with a salary of Rs.1,000/- per day. It is also claimed that those persons who are huddled up in the tents are given non-vegetarian feasts. We do not think we can issue such a mandamus. 2/5 https://www.mhc.tn.gov.in/judis W.P.No.2638 of 2025 3. After all, the voters are majors and they have the freedom to decide what they can do and they cannot be prevented from doing what they want to do except when their activities become illegal. A person huddling himself in a tent cannot be said to be an illegal activity. If we are to issue any direction that will amount to a breach of personal freedom of the individual voter concerned. 4. Hence, we do not think the mandamus sought for could be issued. The Writ petition is therefore dismissed. No costs. (R.S.M., J.) (G.A.M., J.) 14.03.2025 Speaking order Index : No Neutral Citation : No sri 3/5 https://www.mhc.tn.gov.in/judis W.P.No.2638 of 2025 To 1.The Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001. 2.The Chief Executive Officer, Election Commission of India, Fort St George, Chennai - 600 009. 3.The District Election Officer and District Collector, Palayapalayam, Erode - 638 011. 4.The Superintendent of Police, District Police Office, Panneerselvam Park, Erode - 638 001. 4/5 https://www.mhc.tn.gov.in/judis W.P.No.2638 of 2025 R.SUBRAMANIAN, J. and G.ARUL MURUGAN, J. sri W.P.No.2638 of 2025 14.03.2025 [2/2] 5/5 https://www.mhc.tn.gov.in/judis