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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Advocates
  • Mr. T.P Senthil Kumar, Advocate for Appellant.
  • Mr. Raja Kalifulla, Government Pleader for Respondents.
Judges
  • A.P Shah, C.J
  • Chitra Venkataraman, J.
Acts
  • provisions of Rule 109 of the Tamil Nadu Town panchayats Third Grade Municipalities and Corporations (Election) Rules, 2006.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Advocates
  • Mr. T.P Senthil Kumar, Advocate for Appellant.
  • Mr. Raja Kalifulla, Government Pleader for Respondents.
Judges
  • A.P Shah, C.J
  • Chitra Venkataraman, J.
Acts
  • provisions of Rule 109 of the Tamil Nadu Town panchayats Third Grade Municipalities and Corporations (Election) Rules, 2006.
See more information ...
Smart Summary

Judgment Summary — Nagapattinam Municipality Chairman Election (Chitra Venkataraman, J.)

Factual and Procedural Background

This public interest petition was filed by an AIADMK candidate and Municipal Councillor of Ward No. 28 of Nagapattinam Municipality seeking a Writ of Mandamus directing respondents to take steps to ensure a free and fair election for the Municipality Chairman of Nagapattinam.

Background facts recorded in the opinion: In an earlier writ (W.P. No. 40360 of 2006) the Advocate General had stated that the election would be by secret voting. On 28.10.2006 the Chairman election was conducted, but the petitioner alleged that secret voting was not followed. The Commissioner of Nagapattinam Municipality allegedly restrained 21 councillors from casting their votes; the Election Officer purportedly obtained stereotyped letters from the councillors claiming illiteracy/low vision and, on that basis, a third respondent cast votes purportedly on behalf of those councillors. The petitioner asserted that the 21 councillors were literate and had earlier read and signed oaths and participated in the Vice Chairman election the same day.

As a result of alleged malpractice the petitioner filed W.P. No. 43658 of 2006. By order dated 13.11.2006 the Division Bench directed production of original records and replies. Twenty councillors impleaded themselves. The District Collector and the Commissioner filed counter affidavits admitting that 16 councillors had authorized the third respondent to cast their votes; the Commissioner stated he rendered assistance at the councillors' request pursuant to "provisions of Rule 109 of the Tamil Nadu Town panchayats Third Grade Municipalities and Corporations (Election) Rules, 2006." Records containing the letters were produced before the Court. The petitioner contended Rule 109 did not apply to these councillors because it is relevant only to persons who are illiterate, blind or physically infirm.

Following a resignation of the Chairman on 22.03.2007, the Court dismissed an earlier writ (as recorded). Subsequent events included a scheduled election on 12.04.2007 (later cancelled/postponed by the District Collector), allegations of renewed threats and attempts to identify votes in the proposed election, and a representation by the petitioner dated 02.04.2007. By order dated 10.04.2007 the Court directed the Government Pleader to take notice and instructed that if the election were notified it should be held only by secret ballot. The Tamil Nadu State Election Commission issued proceedings dated 24.04.2007 directing strict compliance with secrecy procedures, police protection, and that the District Collector supervise arrangements and report by 30.04.2007. A notification fixed the indirect election for 07.05.2007.

Legal Issues Presented

  1. Whether the respondents are required to take steps (including ensuring secret ballot) to secure a free and fair Municipality Chairman election in Nagapattinam, given the allegations of prior malpractice.
  2. Whether the assistance given by the Commissioner and the casting of votes by the third respondent on behalf of councillors was justified under "provisions of Rule 109 of the Tamil Nadu Town panchayats Third Grade Municipalities and Corporations (Election) Rules, 2006," or whether Rule 109 was inapplicable because the councillors were not illiterate, blind or physically infirm.
  3. Whether the Court should take supervisory measures (including appointment of a Court observer) to ensure secrecy and fairness in the impending election.

Arguments of the Parties

Petitioner's Arguments

  • The election of 28.10.2006 was not conducted by secret ballot despite the earlier assurance given in W.P. No. 40360 of 2006.
  • The Commissioner and Election Officer prevented 21 councillors from casting their votes and obtained letters claiming illiteracy/low vision; the third respondent then cast votes on their behalf.
  • The 21 councillors were literate, had taken oath and signed, and had voted in the Vice Chairman election, so Rule 109 (per the petitioner's contention) did not justify the assistance or proxy voting.
  • Similar threats and attempts to identify voters were resurfacing in connection with the proposed election on 12.04.2007, creating a realistic apprehension that a free and fair election could not be held without intervention.

Respondents' / Other Official Statements

  • The District Collector and the Commissioner admitted that 16 councillors authorized the third respondent to cast their votes in the Chairman election of 28.10.2006.
  • The Commissioner asserted that he rendered assistance only at the request of the councillors as per the "provisions of Rule 109 of the Tamil Nadu Town panchayats Third Grade Municipalities and Corporations (Election) Rules, 2006." Records containing the letters were produced.
  • The Tamil Nadu State Election Commission issued directions (24.04.2007) that the District Election Officer/Collector and Returning Officer must ensure secrecy by adopting procedures in the Election Rules, arrange police protection, and the District Collector must personally supervise and report on arrangements by 30.04.2007.

Government Pleader

  • The learned Government Pleader submitted that, in view of the proceedings issued by the State Election Commission and the direction that the District Collector supervise and ensure proper conduct of the election, the petitioner cannot have any grievance.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court reviewed the history of alleged violations in the earlier election, including the contrast between the prior assurance that voting would be secret and the petitioner's allegations about actions taken on 28.10.2006. Noting admissions in counter affidavits and that Rule 109 had been invoked by the Commissioner as the basis for assistance, the Court acknowledged the petitioner's continued apprehension about the fairness of the impending election despite measures ordered by the State Election Commission and directions to the District Collector.

On the basis that the apprehension of unfair practices was real and could not be ignored, and that stringent preventive measures were required to ensure secrecy of the ballot and a free and fair election, the Court concluded that supervisory intervention by the Court was appropriate. The Court reasoned that appointing an officer of the Court as an observer at the election would serve to check possible abuses and help maintain the secrecy of the ballot as envisaged in the Election Rules.

Consequently, the Court directed specific remedial and supervisory steps rather than deciding on the substantive applicability of Rule 109 in this opinion: it appointed a Court observer, required coordination by the District Collector/District Election Officer, and required a report from the observer after the election.

Holding and Implications

Holding: The Writ Petition was disposed of with the Court directing supervisory measures to ensure a free and fair election. Specifically, the Court appointed Mr. V. Devanathan, Assistant Registrar (C.S-I), High Court, Madras, as a Court observer to be present at Nagapattinam Municipality on 07.05.2007 to ensure secrecy of ballot and that members cast votes without fear or favour. The District Collector/District Election Officer was directed to coordinate with and assist the Court observer. The observer was ordered to file a report to the Court by 04.06.2007. There was no order as to costs, and connected M.P. Nos. 1 and 2 of 2007 were closed.

Implications: The decision imposed court-supervised safeguards for the specific upcoming election rather than resolving the broader statutory question about Rule 109's applicability to the councillors. The direct effect is supervisory intervention (appointment of an observer and directions to local officers) for the 07.05.2007 election and the requirement of a post-election report to the Court. The opinion does not state that it set any broader legal precedent on Rule 109 or other issues.

Show full summary ...

    R. Chandramohan, Municipality Councillor v. The State Election Commissioner

    Chitra Venkataraman, J.

    1. In this public interest litigation, the petitioner seeks a Writ of Mandamus to direct the respondents to take necessary steps for ensuring a free and fair election in the coming Municipality Chairman Election in Nagappattinam.

    2. The petitioner, an AIADMK candidate, is the Municipal Councillor of the 28th Ward of Nagapattinam Municipality. He states that in a public interest litigation preferred before this Court in W.P No. 40360 of 2006, by order dated 27.10.2006, this Court recorded the statement of the Advocate General that the lection to the post of Municipal Chairman would be held by following the secret voting system only. The Municipality Chairman election was conducted on 28.10.2006 The allegation of the petitioner is that contrary to the statement given in the above Writ Petition, the secret voting system was not followed. The petitioner alleged that when he and other Councillors went to cast the vote, the Commissioner of Nagapattinam Municipality restrained the 21 Councillors from casting the vote. Apart from that, the Election Officer of the Nagapattinam Municipality obtained signatures in stereotyped letters from 21 Councillors of Nagapattinam Municipality, stating that they do not know to read and write and that they were having low vision. When the Councillors refused, the third respondent received letters from them and he himself cast the votes of these Councillors on the ground that they were not literate and that they were having poor vision. It is alleged that the third respondent even addressed the media that he received letters from the Councillors and hence, he cast their votes.

    3. The petitioner alleges that the Election conducted was not a fair and free one in the eye of law. The 21 Councillors are literates and are having good vision. At the time of swearing in on 25.10.2006, these Councillors read out the oath and put their signatures. These Councillors also voted in the Municipality Vice Chairman election held in the afternoon of 28.10.2006 The Councillors agitated on 28.10.2006 against the action of the third respondent.

    4. Aggrieved by the malpractice, the petitioner filed W.P No. 43658 of 2006 to take action against the Commissioner, Nagapattinam Municipality. By order dated 13.11.2006, the Division Bench of this Court directed the State Election Commissioner, District Collector of Nagapattinam District and the Commissioner of Nagapattinam Municipality, to produce the original records pertaining to the Chairman election of Nagapattinam Municipality held on 28.10.2006 and file reply statements. 20 Councillors of Nagapattinam District impleaded themselves and filed their counter affidavit. The District Collector, Nagapattinam and the Commissioner of Nagapattinam Municipality filed their counter affidavits wherein, they admitted that 16 Councillors authorized the third respondent to cast their votes in the Chairman election held on 28.10.2006 It was stated in the counter affidavit by the Commissioner of Nagapattinam Municipality that he rendered assistance only at the request of the Councillors as per the provisions of Rule 109 of the Tamil Nadu Town panchayats Third Grade Municipalities and Corporations (Election) Rules, 2006. the records containing the letters were also produced before this Court.

    5. The petitioner contends that Rule 109 is not applicable to the said Councillors, since the said Rule is relevant only to persons who are illiterate, blind or physically infirm. It is stated that since the Chairman of the Municipality tendered her resignation on 22.03.2007, this Court dismissed the Writ Petition. It is stated that thereafterwards, the election was scheduled to be held on 12.04.2007 and again some of the members threatened the Councillors to cast their votes and to make identification marks in the ballot papers while casting their votes to show who voted for whom. The petitioner also alleges that the ruling party functionaries have threatened the Councillors that they would be present at the time of casting votes, that the Councillors would be issued pens to cast their votes which would help the ruling party members to identify who voted for whom. The petitioner alleges that the malady that afflicted the earlier election continue to prevail even now to defeat the very democratic principle with which the elections are to be held. Considering the unfairness writ large and the possibility of maintaining a fair and free election again an impossible feat, the petitioner made a representation on 02.04.2007 Since the respondents have not taken any steps, the present Writ Petition is preferred before this Court seeking a Writ of Mandamus to be issued to the respondent herein to take necessary steps to ensure free and fair Municipality Chairman election in Nagapattinam.

    6. By order dated 10.04.2007, this Court directed the Government Pleader to take notice and get necessary instructions. This Court further directed that if the election to the post of Chairman of Nagapattinam Municipality is notified by the respondents, the Electoral Officer should hold the election only by secret ballot.

    7. It is stated that the District Collector, in his proceedings dated 12.04.2007, cancelled the election proposed on 12.04.2007 and postponed the same.

    8. Mr. Raja Kalifulla, learned Government Pleader, produced a copy of the proceedings of the Tamil Nadu State Election Commission dated 24.04.2007 before us today. It is stated there that the Commissioner had notified the election to be held on 07.05.2007 for the Nagapattinam Municipal Chairman Elections. It is also stated that the District election Officer should ensure that necessary instructions are issued to the Returning Officer to discharge his duties effectively to ensure the secrecy of ballot by adopting the procedures as envisaged in the Election Rules, without giving any room for any complaints or litigations. The proceedings also instructed the District Election Officer/District Collector to review and arrange adequate police protection for a free and fair conduct of the election in consultation with the District Superintendent of Police and to ensure conducive atmosphere for participation in all matters to cast their votes without fear or favour. The District Election Officer/District Collector was also directed to personally supervise and oversee the proper conduct of the election and to send a report on the arrangements made, before 30.04.2007 The Notification in Rc. No. 9232/2007.PE2 dated 23.04.2007 also indicated the last date for service of notice to the candidates as 29.04.2007 and the date of indirect election as 07.05.2007 to be commenced at 09.30 a.m

    9. Learned Government Pleader submitted that in the wake of the proceedings issued and the District Collector directed to supervise and ensure proper conduct of the election, the petitioner cannot have any grievance in this matter.

    10. Heard learned counsel for both sides.

    11. Considering the violations alleged and the unfair practices adopted in the conduct of the election held earlier in spite of the assurance form the Additional Advocate General in the earlier round of litigation before this Court, the apprehension expressed by the learned counsel for the petitioner as regards the ensuing election cannot be ignored. Hence, it is absolutely necessary that stringent measures merit to be taken to check any unfair practice to result in repeated allegations on the conduct of the election. It is but necessary that the authorities must prevent any possible violation to ensure free and fair conduct of election. Hence, taking note of all the circumstances, we feel that it is but necessary that an officer of this Court be appointed to act as an observer to ensure free and fair election and to maintain secrecy of ballot, as envisaged in the Election Rules. This would effectively check any possible abuse from any end.

    12. In the circumstance, we hereby direct Mr. V. Devanathan, Assistant Registrar (C.S-I), High Court, Madras, to be present on 07.05.2007 at the Ngapattinam Municipality as an observer appointed by this Court to ensure that the members cast their votes without any fear or favour with secrecy of ballot maintained. The District Collector/District Election Officer shall coordinate and render all assistance to Mr. V. Devanathan, Assistant Registrar (C.S-I), High Court, Madras, who is appointed as the Court observer. We hereby direct the Court observer to file a report to this Court on 04.06.2007 with all his remarks in this matter.

    13. The Writ Petition is disposed of. There will, however, be no order as to costs. Connected M.P Nos. 1 and 2 of 2007 are closed.

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    Comments

    R. Chandramohan, Municipality Councillor v. The State Election Commissioner
    (Apr 25, 2007)