ADV.(C.A).V.VENKATA SIVAKUMAR v. THE ELECTION COMMISSION OF INDIA
WP/34108/2025 · 2025-09-09
G Arul Murugan
Transfer Petitionbody2025
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[ 2025 DAILYLAW 92535 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92535 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.No.34108 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.09.2025
CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.34108 of 2025 and WMP No.38263 of 2025 Adv.(C.A).V.Venkata Sivakumar No.10/11, Dr.Subbarayan Nagar Main Road, Kodambakkam, Chennai-600 024. Petitioner(s) Vs
1. The Election Commission of India Rep. by the Chief Election Commissioner, Nirvachan Sadan, New Delhi.
2. Union of India Rep. by the Secretary, Ministry of Law and Justice, Room No.441, A Wing, Shastri Bhawan, New Delhi-110 001.
3. Indian National Congress AICC HQ, Indira Bhawan, 9A Kotla Marg, New Delhi-110 002. ____________ https://www.mhc.tn.gov.in/judis
W.P.No.34108 of 2025
4. Bharatiya Janata Party Central Office, 6A Deen Dayal Upadhyay Marg, New Delhi-110002. Respondent(s) PRAYER
: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondent No.1 to clarify its position regarding the allegations raised by the Leader of the Opposition in his PowerPoint presentation dated 7th August 2025, and further corroborated by Hon'ble Union Minister Mr.Anurag Thakur during his press conference on 13th August 2025 concerning large- scale voter list manipulation in the 2024 General Elections to the 18th Lok Sabha, and as a consequential order, direct the 1st respondent to produce before this court and make available in the public domain the relevant electoral roll data for all constituencies in machine-readable format, together with a detailed status report of all actions, inquiries, audits, and measures undertaken in response to these allegations, so as to uphold transparency, public confidence, and the constitutional mandate of free and fair elections as per Articles 324, 14, 19(1)(a) of our Constitution. For Petitioner(s): Mr.V.Venkata Sivakumar (Appearing in person) For Respondent(s): Mr.Niranjan Rajagopalan, Standing Counsel for R1 Mr.K.Seetha Ram, Senior Panel Counsel for R2 ____________ https://www.mhc.tn.gov.in/judis
W.P.No.34108 of 2025
ORDER (Order of the Court was made by the Hon'ble Chief Justice) This public interest litigation has been filed seeking following reliefs:
“Issue a writ of Mandamus directing the respondent No.1, to clarify its position regarding the allegations raised by the Leader of the opposition in his Power Point presentation dated 7th August 2025, and further corroborated by Honourable Union Minister Mr.Anurag Thakur during his press conference on 13th August 2025 concerning large-scale voter list manipulation in the 2024 General Elections to the 18th Lok Sabha and as a Consequential Order, Direct the 1st respondent to produce before this Honourable Court and make available in the public domain the relevant electoral roll data for all constituencies in machine-readable format, together with a detailed status report of all actions, inquiries, audits, and measures undertaken in response to these allegations, so as to uphold transparency, public confidence, and the constitutional mandate of free and fair elections As per Article 324, 14, 19(1)(a) of our constitution” ____________ https://www.mhc.tn.gov.in/judis
W.P.No.34108 of 2025
2. Having regard to the nature of sweeping directions which are sought, this public interest litigation, if we may say so, is completely misconceived.
3. The petition lacks concrete material and only refers to allegations, counter-allegations made on certain platform. The petition only reproduces those allegations, without there being any independent research. It seeks this court to make roving enquiry. With the present content and form, it is vague, lacks material details and particulars.
4. No such direction to “clarify its position” to the Commission, as has been sought in this petition, can be granted.
5. Writ petition is misconceived and, accordingly, dismissed with costs quantified at Rs.1,00,000/- [Rupees One Lakh only] payable to the Tamil Nadu State Legal Services Authority within one month. Consequently, interim application stands closed. ____________ https://www.mhc.tn.gov.in/judis
W.P.No.34108 of 2025 We have not expressed any opinion on merits and leave it to be considered in appropriately constituted petition. Further, this
order shall not come in the way of the Election Commission in taking its own decision on issues sought to be raised in the petition.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)
09.09.2025 Index : Yes/No Neutral Citation : Yes/No sasi To:
1. The Election Commission of India Rep. by the Chief Election Commissioner, Nirvachan Sadan, New Delhi.
2. The Secretary, Union of India Ministry of Law and Justice, Room No.441, A Wing, Shastri Bhawan, New Delhi-110 001. ____________ https://www.mhc.tn.gov.in/judis
W.P.No.34108 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi)
WP No.34108 of 2025 and WMP No.38263 of 2025
09.09.2025 ____________ https://www.mhc.tn.gov.in/judis