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2025 DAILYLAW 193069 (MAD)

C.R. VINAYAGAM v. THE CHIEF ELECTION COMMISSIONER

WP/40129/2025 · 2025-11-21

G Arul Murugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No s . 40129, 39744 and 31970 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.11.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No s . 40129, 39744 and 31970 of 2025 and W.M.P.Nos.45074, 46791, 35807 and 35810 of 2025 W.P.No.40129 of 2025: C.R. Vinayagam S/o.Ranganathan, No.13/34, K.K.Street, Natham, Chengalpattu-603 002 Petitioner Vs 1.The Chief Election Commissioner Election Commission of India, Nirvanchan Sadhan, Ashoka Road, New Delhi-110001 2.The State Election Commissioner Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009 3.The District Collector Office of the Collector, Chengalpattu-603 001 ______________ p. 2 W.P.No s . 40129, 39744 and 31970 of 2025 4.The Revenue Divisional Officer (Assistant Election Commissioner), Tambaram Constituency, Tambaram. Respondents PRAYER in W.P.No.40129 of 2025 : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2nd respondent to remove disqualified, duplicate names, names of deceased or migrated persons from the electoral roll pertaining to Tambaram Constituency and issue fresh electoral rolls prior to 2026 General Elections. For Petitioner: Mr.R.T.Vijayaraghavan For Respondents: Mr.Niranjan Rajagopalan for M/s.G.R. Associates for respondent No.1 Mr.T.K.Saravanan Addl. Government Pleader for respondent Nos.3 and 4 No appearance for respondent No.2 W.P.No.39744 of 2025: B.Sathyanarayanan S/o.Bakthavatchalam Naidu, No.9, Nerkundram Lane, Vadapalani, Chennai-600 026. Petitioner ______________ p. 3 W.P.No s . 40129, 39744 and 31970 of 2025 Vs 1.The Chief Election Commissioner Election Commission of India, Nirvachan Sadhan, Ashoka Road, New Delhi-110 001. 2.The State Election Commissioner - Tamil Nadu, Public (Elections) Department, Secretariat, Fort St. George, Chennai-600 009. Respondents PRAYER in W.P.No. 39744 of 2025 : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to conduct a complete and transparent re- verification of all 229 parts of T.Nagar Constituency through Booth Level Officers, to rectify both wrongful inclusions (shifted/duplicated/ deceased voters) and wrongful deletions (living voters), and to ensure proper rectification before finalizing the 2026 Assembly Election Mother Roll and all consequential Supplementary Rolls by considering the written representation of the writ petitioner dated 29.09.2025 within the time frame fixed by this Honourable Court. For Petitioner: Mr.Y.T.Aravind Gosh For Respondents: Mr.Niranjan Rajagopalan for M/s.G.R. Associates for respondent No.1 No appearance for respondent No.2 ______________ p. 4 W.P.No s . 40129, 39744 and 31970 of 2025 W.P.No.31970 of 2025: 1. M.R.Vijayabaskar Karur District Secretary - AIADMK, Former Minister, State Of Tamil nadu, 3/325. NSK Nagar, LNS Post, Andankovil East, Karur 639 002. Petitioner Vs 1.The Chief Election Commissioner Indian Election Commission, Nirvanchan Sadhan, Ashoka Road, New Delhi 110 001. 2.The State Election Commissioner Tamil Nadu Public (Elections) Department, Secretariat, Fort St George, Chennai 600 009. 3.The Chief Election Officer Tamil Nadu, Secretariat, Fort St George, Chennai 600 009. 4.The District Collector District Collectorate, Karur 639 007. 5.The Assistant Electoral Registration Officer 135, Karur Assembly Constituency and Tahsidlar Karur, Karur 639 007. Respondents ______________ p. 5 W.P.No s . 40129, 39744 and 31970 of 2025 PRAYER in W.P.No. 31970 of 2025 : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records of the 5th respondent in Na Ka No.2892/2024 dated 11.06.2025 and quash the same as illegal, arbitrary, unjust, whimsical and untenable and consequently, direct the 4th and 5th respondents to thoroughly remove the disqualified duplicate names and the names of deceased persons from the electoral roll pertaining to Karur Constituency issued on 06.01.2025 prior to draft list to be published by the 2nd respondent in respect of the 2026 General elections. For Petitioner: Mr.Vedavikas AG for M/s.V.Srimathi For Respondents: Mr.Niranjan Rajagopalan for M/s.G.R. Associates for respondent Nos.1, 3 & 5 Mt.T.K.Saravanan Addl. Government Pleader for respondent Nos.2 and 4 COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties. 2. In W.P.No.40129 of 2025, the petitioner has prayed for ______________ p. 6 W.P.No s . 40129, 39744 and 31970 of 2025 issuance of writ of mandamus directing the second respondent to remove disqualified, duplicate names, names of deceased or migrated persons from the electoral roll pertaining to Tambaram Constituency and issue fresh electoral rolls prior to 2026 General Elections. In W.P.No.39744 of 2025, the petitioner has prayed for issuance of writ of mandamus directing the respondents to conduct a complete and transparent re-verification of all 229 parts of T.Nagar Constituency through Booth Level Officers to rectify both wrongful inclusions (shifted/duplicated/deceased voters) and wrongful deletions (living voters) and to ensure proper rectification before finalizing the 2026 Assembly Election Mother Roll and all consequential supplementary rolls by considering the written representation of the petitioner dated 29.09.2025. In W.P.No.31907 of 2025, the petitioner has challenged the proceedings of respondent No.5 dated 11.6.2025 and consequently to direct respondent Nos.4 and 5 to thoroughly remove the disqualified, duplicate names and names of deceased persons from the electoral roll pertaining to Karur Constituency issued on 06.1.2025 prior to draft list to be published by respondent No.2 in respect of the 2026 General Elections. ______________ p. 7 W.P.No s . 40129, 39744 and 31970 of 2025 3. Learned counsel for the Election Commission of India would submit that it has now initiated Special Intensive Revision (SIR) of electoral rolls, vide notification dated 27.10.2025, and the process started on 04.11.2025. All complaints/representations made will be considered by the appropriate authority. 4. Learned counsel for the Election Commission of India further submitted that the validity of SIR in the State of Tamil Nadu is questioned before the Hon’ble Supreme Court and the Hon’ble Supreme Court is seized of the matter. 5. On 11.11.2025, the Hon’ble Supreme Court has requested the jurisdictional High Courts to keep in abeyance/defer the writ proceedings, if any, filed touching the validity of the SIR of electoral rolls. 6. In these petitions, the validity of SIR of electoral rolls is not under challenge. All petitions were filed even before the issuance of the notification dated 27.10.2025, which would mean that the grievance, if any, was with regard to the correctness of the electoral ______________ p. 8 W.P.No s . 40129, 39744 and 31970 of 2025 rolls. 7. We leave the matter to be considered by the competent authority, but hasten to add that we are not considering any issue with regard to the validity of SIR, as the Hon’ble Supreme Court is seized of the matter. 8. These writ petitions are, accordingly, disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 21.11.2025 Index : Yes/No Neutral Citation : Yes/No bbr ______________ p. 9 W.P.No s . 40129, 39744 and 31970 of 2025 To: 1.The Chief Election Commissioner Indian Election Commission, Nirvanchan Sadhan, Ashoka Road, New Delhi 110 001. 2.The State Election Commissioner Tamil Nadu Public (Elections) Department, Secretariat, Fort St George, Chennai 600 009. 3.The Chief Election Officer Tamil Nadu, Secretariat, Fort St George, Chennai 600 009. 4.The District Collector District Collectorate, Karur 639 007. 5.The Assistant Electoral Registration Officer 135, Karur Assembly Constituency and Tahsidlar Karur, Karur 639 007. 6.The District Collector Office of the Collector, Chengalpattu-603 001 7.The Revenue Divisional Officer (Assistant Election Commissioner), Tambaram Constituency, Tambaram. ______________ p. 10 W.P.No s . 40129, 39744 and 31970 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. bbr W.P.No s . 40129, 39744 and 31970 of 2025 21.11.2025 ______________