SEKAR REPORTER

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Minister sekar babu pa case full order / mhc/ Learned Standing Counsel for respondents 1 and 2 submits that the third respondent is not on election duty and if the third respondent, being a government servant, engages in acts which are not in consonance with the Tamil Nadu Government Servants’ Conduct Rules, 1973, then it is for the employer to take action. He further submits that respondents 1 and 2 would take necessaryaction on the basis of the complaint received from the petitioner.In view of the said statement, the writ petition is disposed of.There shall be no order as to costs.(S.V.G., CJ.) (J.S.N.P., J.)18.04.2024Index : Yes/NoNeutral Citation : Yes/NosasiTo:1.The Election Commissioner,Election Commission of India, Nivachan Bhavan, New Delhi.2.The Chief Electoral Officer,Government of Tamilnadu,Secretariat,Chennai-600 009. THE HON’BLE CHIEF JUSTICEAND J.SATHYA NARAYANA PRASAD,J.(sasi)

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Learned Standing Counsel for respondents 1 and 2 submits that the third respondent is not on election duty and if the third respondent, being a government servant, engages in acts which are not in consonance with the Tamil Nadu Government Servants’ Conduct Rules, 1973, then it is for the employer to take action. He further submits that respondents 1 and 2 would take necessary
action on the basis of the complaint received from the petitioner.
In view of the said statement, the writ petition is disposed of.
There shall be no order as to costs.
(S.V.G., CJ.) (J.S.N.P., J.)
18.04.2024
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
1.The Election Commissioner,
Election Commission of India, Nivachan Bhavan, New Delhi.
2.The Chief Electoral Officer,
Government of Tamilnadu,
Secretariat,
Chennai-600 009. 
THE HON’BLE CHIEF JUSTICE
AND J.SATHYA NARAYANA PRASAD,J.
(sasi)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.04.2024
CORAM :
THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.10820 of 2024
S.Veilumuthu .. Petitioner
Vs
1.The Election Commissioner,
Election Commission of India, Nivachan Bhavan, New Delhi.
2.The Chief Electoral Officer,
Government of Tamilnadu,
Secretariat,
Chennai-600 009.
3.S.M.Dhivahar,
Public Relation Officer,
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
Chennai-600 008. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 and 2 to take appropriate action against the third respondent insofar as violating the model code of conduct by considering the representations given by the petitioner dated 2.4.2024 and 6.4.2024.
For the Petitioner : Mr.P.Chandrasekaran for Mr.M.B.Elakkumanan
For the Respondents : Mr.G.Niranjan Rajagopalan Standing Counsel for respondents 1 and 2
ORDER
(Order of the court was made by the Hon’ble Chief Justice)
Heard Mr.P.Chandrasekaran, learned counsel appearing on behalf of Mr.M.B.Elakkumanan, learned counsel for the petitioner; and Mr.G.Niranjan Rajagopalan, learned Standing Counsel for
respondents 1 and 2.

  1. Learned counsel for the petitioner submits that the third respondent is a government servant and he is actively engaged in canvassing the candidature of one Kalanithi Veerasamy. According to learned counsel for the petitioner, the same amounts to corrupt practice under Section 123(7) of the Representation of the People Act, 1951. He further submits that the third respondent has forwarded through email the speech delivered by a Minister in
    support of the candidate to various persons.
  2. Learned Standing Counsel for respondents 1 and 2 submits that the third respondent is not on election duty and if the third respondent, being a government servant, engages in acts which are not in consonance with the Tamil Nadu Government Servants’ Conduct Rules, 1973, then it is for the employer to take action. He further submits that respondents 1 and 2 would take necessary
    action on the basis of the complaint received from the petitioner.
    In view of the said statement, the writ petition is disposed of.
    There shall be no order as to costs.
    (S.V.G., CJ.) (J.S.N.P., J.)
    18.04.2024
    Index : Yes/No
    Neutral Citation : Yes/No
    sasi
    To:
    1.The Election Commissioner,
    Election Commission of India, Nivachan Bhavan, New Delhi.
    2.The Chief Electoral Officer,
    Government of Tamilnadu,
    Secretariat,
    Chennai-600 009. 
    THE HON’BLE CHIEF JUSTICE
    AND J.SATHYA NARAYANA PRASAD,J.
    (sasi)

W.P.No.10820 of 2024

18.04.2024

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