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Smart Summary

Factual and Procedural Background

In WP (C) No. 1267 of 2018, the Court had earlier passed an order dated 2-7-2019 directing respondent no. 1, the Tamil Nadu State Election Commission, to file an affidavit within two weeks indicating the expected timeline for completion of an ongoing delimitation exercise and the time when elections to local bodies could be held. The matter was listed for 17 July, 2019.

Pursuant to this direction, an affidavit dated 15 July, 2019 was filed by the Secretary of the Tamil Nadu State Election Commission, addressing the delay in completing delimitation and issuing the election notification.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court examined (perused) the affidavit filed by the Secretary of the Tamil Nadu State Election Commission and recorded its satisfaction with the grounds set out therein explaining the delay in (i) completion of the delimitation exercise and (ii) issuance of the notification for local bodies elections.

The Court specifically noted the statement in paragraph 28 of the affidavit that the election notification announcing the schedule would be published in the last week of October, 2019. Treating this statement as an undertaking made before the Court, it allowed the State authority to proceed in accordance with that stated timeline.

Holding and Implications

WRIT PETITION CLOSED in terms of the statement recorded from the affidavit, with permission to the State authority to publish the election notification in the last week of October, 2019 as undertaken.

The direct implication is that the Court accepted the Election Commission's explained delay and permitted it to act on the timeline stated in the affidavit. The opinion does not indicate any broader legal implications or the setting of any new precedent.

    C.R. Jayasukin Petitioner(S) v. Tamilnadu State Election Commission And Another (S).

    1. On 2-7-2019 WP (C) No. 1267 of 2018, this Court had passed the following order:—

    “The respondent No. 1, the Tamil Nadu State Election Commission, shall file an affidavit within two weeks hence, indicating the time within which the delimitation exercise that is stated to be at an advance stage, will be completed and when elections to the local bodies can be held.

    List the matter on 17 July, 2019.”

    2. Pursuant thereto, an affidavit dated 15 July, 2019, has been filed by the Secretary, Tamil Nadu State Election Commission.

    3. We have perused the said affidavit and we are satisfied with the grounds mentioned therein, which explain the delay in completion of the delimitation exercise and in issuing the notification in respect of local bodies elections. We have also taken note of the fact that in paragraph 28, the Secretary of the State Election Commission has stated that the notification announcing the schedule of the election will be published in the last week of October, 2019.

    4. In view of the aforesaid statement made before the Court in the affidavit filed by the Secretary of the State Election Commission, we permit the State authority to act in the manner as undertaken before the Court i.e. publish the election notification in the last week of October, 2019.

    5. We close the writ petition in terms of the above.

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    C.R. Jayasukin Petitioner(S) v. Tamilnadu State Election Commission And Another (S).
    (Jul 17, 2019)