IN THE HON’BLE HIGH COURT OF JUDICATURE
AT MADRAS, CHENNAI
(SPECIAL ORIGINAL JURISDICTION) wp No.: q12L of 2024
R.Selvabharathi [M/37 YEARS]
State General Secretary – Lok Janshakti Party (R)

TIB501, Radiance Suprema

Northern Trunk Road, Madhavaram,
Chennai – 600 060. PETITIONER -Versus-

1. The State of Tamilnadu, Represented by its:
   The Director of Municipal Administration Department Directorate of Municipal Administration,
   75,Urban Administrative Building,
   Santhome High Road,MRC Nagar,
   Raja Annamalaipuram, Chennai – 600028.
2. The State Represented by its:
   The Principal Secretary to Government
   Higher Education department
   Government of Tamilnadu
   Secretariat, Chennai – 600 009.
3. The State Election Commissioner
   Tamilnadu State Election Commission 208/2, Jawaharlal Nehru Road, Opp.CMBT, Arumbakkam, Chennai – 600 106.
4. The Chief Election Commissioner of India
   Nirvachan Sadan, AshokaRoad New Delhi – 110 001.
   of :
   .
   5.Mr.Somaskandhan
   Assistant,
   Higher
   Education Department Government of Tamilnadu Chennai-600 009.

AFFIDAVIT OF THE PETITIONER
1, R.SELVABHARATHI, Male, aged about 37 years, being State General Secretary – Lok Janshakti Party (R), residing at #TIB501, Radiance Suprema , Northern Trunk Road, Madhavaram, Chennai – 600 060, do hereby solemnly affirm and sincerely states as follows:-

1. I am the Petitioner herein and I am well acquainted with the facts and circumstances of the case.
2. I submit that, while I was taking necessary actions to face the upcoming Parliamentary Elections in our State on behalf of Lok Janshakti Party(Ramvilas). For that, while examining the works of the major political parties in the past By-flections held at Tamilnadu, it has recently come to his knowledge that a government employee from Municipal Administration Department, Tamilnadu Government has been actively participating in an election propaganda campaign for a political party
   of
   in Tamil Nadu, which also been telecasted as news in Satellite television channels. This action raises concerns about impartiality, ethics, and the integrity of the public service of a government employee. The employee in question is “Mr.SomasKandhan”, who holds a position of responsibility within the state government as “Assistant” and who had been deputed under dedication as Personal Assistant to the Minister of Higher Education Department in Tamilnadu Government, and his involvement in election propaganda campaigns along with the then Higher Education Minister Mr.K.Ponmudi, recently held for Erode By-election which held in the month of February 2023, not only goes against the principles of neutrality but also breaches section 14(1) and section 14(4)”Tamilnadu Government Servant Conduct Rule 1973″ which reads as follows:
3. *Taking part in politics and Elections and position of
   Government servants in relation to Elections- (1) No Government servant shall be a member of or be otherwise associated with any political party or any organisation in respect of which there is reason to believe that the organisation has a political aspect, nor shall be take part in, subscribe in aid of, or assist in any other manner any political movement or activities.
   :

He shall also not only maintain political neutrality but shall also appear to do so. He shall also avoid giving room for any suspicion that he is favouring any political party or any candidate in elections.
(4) No Government servant sha// canvass or otherwise interfere or use his influence in connection with or take part in, an election to any legislature or local authority; Provided that (i) a Government servant qualified to vote at such election may exercise his right to vote, but where he does so, he sha// give no indication of the manner in which he proposes to vote or has voted; (ii) a Government servant shall not be deemed to have contravened the provisions of this rule by reason only that he assist in the conduct of an election in due performance of a duty imposed on him by or under any law for the time being in force.
Explanation (1) – Nothing contained in this sub-rule shall be deemed to prohibit the wife of a Government servant or any other member of his family living with or in any way dependent on him from standing for Election to any legislature or to any local authority and from canvassing for other candidates;
Explanation (2) – The display by a Government servant on his person, vehicle or residence of any electoral symbol shall amount to using his influence in
of
connection with an election within the meaning of this rule.

3. 1 submit that further submits that At his further investigation regarding this, I shocked on hearing that, the above-mentioned employee has pronounced himself as a close relative to the chief of Tamilnadu Government and have stayed in a private college namely “Excel Engineering College” which was located at NH-544, Salem Main Road, Sankari West, Pallakkapalayam, Pin:637 303, and disposed money to the local people on behalf of a political party DMK at the time of the above said By-election.
4. I submit that, I came to know that “Mr.Somaskandhan has been purposefully deputed from Municipal
   Administration Department to Higher Education Department of Tamilnadu by the politicians of ruling party herein to whom he diluted his loyalty towards the Government and failed to bear true faith and allegiance to the Constitution of India”
5. I submit that, it is so deplorable, that “he is acting as a shadow minister of Higher Education department of Tamilnadu” then, which also published in many magazines, print media and social medias, which

of

prudently shows that Mr.Somaskandhan has failed to discharge his duty faithfully upon the oath he taken at the time of joining as Government Employee.

6. I further submit that, it is pertinent to point out that, I have sent complaint regarding this to the respondents with proofing tool, but the respondents have not taken any action regarding the complaint.
7. I most respectfully submit that the aforesaid complaints have raised a reasonable issue to the respondents which is liable to be punished under the appropriate provisions of the Indian Penal Code.
8. I humbly submits that, even though I have sent the above complaint via registered post to the respondents on 06/11/2023, and on 06/02/2024 to the 2nd respondent there was no action taken against the said accused person, despite repeated requests by the petitioner and the said accused person is being left out scoot free, as he is influencing everywhere. He also challenging that no one could do anything against him, so that the petitioner still did not get any remedy for the complaint lodged by the petitioner.
   of of
9. In the above circumstances, I am constrained to approach this Hon’ble Court under Article 226 of the Constitution of India, 1950 (as amended) on the following among other: –
   BACKGROUND
   A. . Mr. Somaskandhan, a government employee, actively participated and assisted the Higher Education Minister then, during the Erode constituency by-election.
   B. As a concerned citizen, I lodged a formal complaint against Mr. Somaskandhan l s involvement in political activities, which is a violation of the service rules and code of conduct for government employees.
   C. Despite the seriousness of the matter and the evidence provided, the respective officers responsible for investigating and taking action on my complaint have failed to initiate any action against Mr. Somaskandhan.
   D. The inaction of the respective officers has not only undermined the principles of justice and fairness but has also set a dangerous precedent, allowing government employees to engage in political activities without consequences
   E. The act of the First, Third and Fourth Respondents in not considering the petitioner’s representation dated
   06.11.2023 for necessary action with necessary proof of tool is nothing but against law.
   F. The inaction on the part of the Respondents including Election Commission of Tamilnadu and Election Commission of India, is highly arbitrary and warrants the intervention of this Hon’ble Court.
   G. The Respondents do not have any legal right to deny legal actions against my complaint.
   H. Eventhough, in various circumstances, the Higher Education Minister has been changed in Tamilnadu, then the accused person has been relieved from Higher Education department and sent back to his mother department. But with in few days, he came back to the office of the newly deputed Higher Education minister now, which prudently shows that the above accusation without any doubt,
   I. That I have no other efficacious remedy except to approach this Hon’ble Court by way of this Writ
   of :
   Petition under Article 226 of the Constitution of India, 1950 (as amended).
10. That I reserve my rights to raise additional grounds at the time of my arguments with the leave of this Hon’ble Court.
11. That I have not filed any other petition or preceding in any court including Hon’ble High Court throughout the territory of India regarding this matter.
    GROUNDS
    O. Violation of Service Rules: Mr. Somaskandhan l s participation in political activities during the by-election is a clear violation of the service rules governing government employees. This breach of conduct warrants immediate action by the concerned authorities.
    Failure to Act: The respective officers responsible for investigating and taking action on my complaint have failed to fulfill their duties and responsibilities. Their inaction is arbitrary, unreasonable, and in violation of the principles of natural justice.
    of : | -9-

PRAYER
Under the circumstances stated above, it is humbly prayed that this Hon’ble Court may be pleased to issue a WRIT OF MANDAMUS or any other appropriate Writ, Order or Direction particularly in the nature of WRIT OF MANDAMUS directing the Respondents to dispose of the Petitioner’s Representation dated 06.11.2023 to the respondents 1,3,4 and 06.02.2024 to the second respondent and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render

justice.
Solemnly affirmed at
Chennai on this the 7thday of AFFIANT
February, 2024 and as the deponent is unacquainted with English the affidavit has Before Me
been read over to her in ADVOCATE: :
Tamil and she having MADRAS
understood the contents and made her left thumb impressions in my presence
-10-

[UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA]
IN THE HON’BLE HIGH COURT OF JUDICATURE
AT MADRAS, CHENNAI
(SPECIAL ORIGINAL JURISDICTION)
WP No.: of 2024
R.Selvabharathi [M/37 YEARS]
State General Secretary – Lok Janshakti Party (R)

TIB501, Radiance Suprema

Northern Trunk Road, Madhavaram,
Chennai – 600 060. Petitioner -Versus-

1. The State of Tamilnadu, Represented by its:
   The Director of Municipal Administration Department Directorate of Municipal Administration,
   75,Urban Administrative Building,
   Santhome High Road,MRC Nagar,
   Raja Annamalaipuram, Chennai – 600028.
2. The Principal Secretary to Government
   Higher Education department, Government of Tamilnadu Secretariat, Chennai – 600 009.
3. The State Election Commissioner
   Tamilnadu State Election Commission 208/2, Jawaharlal Nehru Road, Opp.CMBT, Arumbakkam, Chennai – 600 106.
4. The Chief Election Commissioner of India Nirvachan Sadan, Ashoka Road
   New Delhi – 110 001.
   2
   5.Mr.Somaskandhan
   Assistant, of Higher Education
   Department
   Government of Tamilnadu Chennai-600 009.
   RESPONDENTS
   WRIT PETITION
   The petitioner above named begs to states as follows:-
   The address for service of all notices and processes of this Hon’ble Court on the Petitioner is that of his counsels M/S. Aadhit, Kalai kumar and S.M.Raghuram having their office at No.:123, First floor, Hussaina Manzil, Angappan Street, Parrys, Chennai-600 001.
   The address of the above-named Respondents for the service of al/ notices and processes js the same as stated above.
   For the reasons stated in the accompanying Affidavit, it is humbly prayed that this Hon’ble Court may be pleased to issue a WRIT OF MANDAMUS or any other appropriate Writ, Order or Direction particularly in the nature of WRIT OF MANDAMUS directing the Respondents to dispose of the Petitioner’s
   Representation dated 06.11.2023 to the respondents 1,3,4 and
   06.02.2024 to the second respondent and pass such further or
   No. of Page : | -2-
   No. of corrections .
   3 13
   other orders as this Hon t ble Court may deem fit and proper in the circumstances of the case and thus render justice.
   Dated at Chennai, on this the 7th day of February, 2024.
   COUNSEL FOR PETITIONER.
   No. of Page : | -3No. of corrections

MEMORANDUM OF WRIT PETITION
[UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, 1950 (as amended)]
IN THE HON’BLE HIGH COURT OF JUDICATURE
AT MADRAS, CHENNAI
(SPECIAL ORIGINALJURISDICTION)
Writ Petition No.: of 2024
R.Selvabharathi
State General Secretary – LJP(R)

TlB501, Radiance Suprema Northern Trunk Road, Madhavaram,

Chennai – 600 060.
I . The Director of Mu
Administration Dep
OTHERS
COMMON IN X
TYPESér OF PAPERS
M.S.Aadhi1 (Ms.2325/2018) S.Kalaikumar (MS.6117/2022)
S.M.Raghuram (MS-3628/2016),
COUNSEL FOR THE PETITIONER
No: 123, 1st Floor, HussianaManzil,
Angappan Street, Parrys, Chennai-01. Mobile: +91 83443-38966