Two leaves symbol case full affidavit in mhc
IN THE HIGH COURT OF JUDICATURE, MADRAS.
W.P. No. of 2022
P.A. Josseph.
S/o.P.Antony,
No.19/5, Pragadeshwar Nagar, Arumbakkam,
Chennai – 600 106. …Petitioner
VS
- The Election Commission of India
Represent by its Chief Election Commissioner,
Ashoka Road, New Delhi – 110 011.
- The Director General of Police,
Post Box No.601, Dr.Radhakrishnan Salai,
Mylapore, Chennai-600 004. …Respondents
AFFIDAVIT OF P.A.JOSSEPH
I, P.A.Josseph, son of P.Antony, aged about 41 years, residing at No.19/5, Pragadeshwar Nagar, Arumbakkam, Chennai 600106, do hereby
solemnly affirm and sincerely state as follows;-
- I am the Petitioner herein and as such I am well acquainted with the facts of the case as stated hereunder; I state that I am the Founder and President of JJ Party for which the registration is under process before the Election Commission of India at Delhi.
- I submit that Former Chief Minister of Tamil Nadu Mr.Edappadi K.Palaniswami spent Rs.5,000/- crores towards to capture the general secretary post of AIADMK and it was published on NAKKERAN weekly edition (Volume No.35, Issue No.20 dated June 25 to 28,2022).
- I further submit that Former Chief Minister of Tamil Nadu Mr.Edappadi K.Palaniswami is going to spend another 1000 crores to the District secretaries of AIADMK in order to conform that he is the general secretary of AIADMK and the same was published on NAKKERAN weekly edition (Volume No.35, Issue No.21 dated June 29 to July 1, 2022).
- I state that not only NAKKERAN all other News agencies and Social Medias also confirmed the above the news. For this Mr.Edappadi K.Palaniswami and his group did not raise any objection till date, from this we assume he spent that much lump sum of money towards to capturing the general secretary post of AIADMK. It is clear violation of democracy and guidelines of Election commission of India.
- I state that another Former Chief Minister of Tamil Nadu Mr.O.Panneer Selvam and his group filed case before Madras High Court vide O.S.A.No.160 of 2022 for restraining to General Body Meeting held at Shri Vaaru Venkatachalapathy Palace located at Vanagaram, Chennai and the same was not allowed. Immediately Mr.O.Panneer Selvam and his group filed CMP.No.9962 of 2022 before the bench of Madras High Court and obtained direction order in favour of them.
- I state that due to apprehension of that Mr.O.Panneer Selvam and his group may attack to the Edappadi K.Palaniswami and his group. Hence Mr.Edappadi K.Palaniswami conducted the general body meeting with the help of huge police. For that Second respondent gave police protection and deployed more than 2500 police personnel’s at Vanagaram, Chennai without considering the general public’s interest. Even then the above mentioned Rival groups clashes occurred in public places throughout the state of Tamil Nadu and thus Law and Order become questioned.
Particularly Chennai city residents faced heavy traffic problems on
23.06.2022.
- I state that till date Mr.Edappadi K.Palaniswami not objected that he is not buying the general council members in order to capturing the General Secretary post of AIADMK. From this we assumed that this huge money may be looted from public money during his ruling period.
- I further submit that now the above mentioned AIADMK rivals’ group clashes turned to communal issue since Mr.Edappadi K.Palaniswami and Mr.O.Panneer Selvam belongs to different community. Since both the community peoples showing their supports and objections to rival group by affixing posters all over Tamil Nadu. And also day by day clashes increased in public places between Mr.Edappadi K.Palaniswami and Mr.O.Panneer Selvam groups.
- I submit that, already Election Commission of India solved the Dispute Case No.2 of 2017 based on section – 15 of Election
Symbols (Reservation & Allotment) order, 1968, for the same
AIADMK’s group issues. In that case I am the impleading petitioner.
- I state that the Election Commission of India having power to adjudicate the disputes arose between the rival groups in recognized political party under section 15 and 16 of Election
Symbols (Reservation & Allotment) order, 1968 is as follows
15. Power of Commission in relation to splinter groups or rival sections of a recognised political party:-
When the Commission is satisfied on information in its possession that there are rival sections or groups of a recognised political party each of whom claims to be that party the Commission may, after taking into account all the available facts and circumstances of the case and hearing such representatives of the sections or groups and other persons as desire to be heard decide that one such rival section or group or none of such rival sections or groups is that recognised political party and the decision of the Commission shall be binding on all such rival sections or groups.
16. Power of Commission in case of amalgamation of two or more political parties:-
- When two or more political parties, one or some or all of whom is a recognised political party or are recognised political parties join together to form a new political party, the Commission may, after taking into account all the facts and circumstances of the case, hearing such representatives of the newly formed party and other persons as desired to be heard and having regard to the provisions of this Order, decide—
(a) Whether such newly formed party should be a National party or a State party; and (b) the symbol to be allotted to it.
- The decision of the Commission under sub-paragraph (1) shall be binding on the newly formed political party and all the component units thereof.
16A. Power of Commission to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of the Commission:-
Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession that a political party, recognised either as a National Party or as a State Party under the provisions of this order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct or otherwise
(a) to observe the provisions of the Model Code of Conduct for Guidance of Political parties and “Candidates” as issued by the Commission in January,
1991 or as amended by it from time to time, or
(b) follow or carry out the lawful directions and instructions of the Commission given from time to time with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and the electorate in particular, the Commission may, after taking into account all the available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party as the National party or, as the case may be, the State party.
- I state that the above mentioned AIADMK’S rival groups violate the Model Code of Conduct for Guidance of Political parties and “Candidates” as issued by the Election Commission of India. Hence Election Commission of India may take action against the AIADMK as per section 16A of Election Symbols (Reservation and
Allotment) Order, 1968 (Statutory Rules and Order). Relevant portion of the Model Code of Conduct for Guidance of Political parties and “Candidates” is as follows
MODEL CODE OF CONDUCT FOR THE GUIDANCE OF THE POLITICAL PARTIES AND CANDIDATES
1. General Conduct
(1) No party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.
- I state that, in this critical situation again AIADMK’S general body meeting will be held at Shri Vaaru Venkatachalapathy Palace located at Vanagaram, Chennai on 11-07-2022, which is organized by Mr.Edappadi K.Palaniswami and his group in order to capture the general secretary post of AIADMK without considering the objections of Mr.O.Panneer Selvam and his group.
- I state that in order to protect the public peace from the said rival groups clashes I sent representation to the Election Commission of India on 28-06-2022 to take necessary action against the said rival groups of AIADMK under section 15 and 16A of Election Symbols (Reservation & Allotment) order, 1968 and Model Code of Conduct for Guidance of Political parties and
“Candidates” issued by the Election Commission of India.
- I state that the above said representation duly served to the
Election Commission of India on 29-06-2022, even though, till date
the Election Commission of India did not take any action on my said representation or any reply to me.
- I state that Constitution of India given empower to Election Commission of India to withdraw the recognition of the political party if violating the guidance of the Election Commission of India to protect the public’s interest. But Election Commission of India failed to utilizing their empower to regulate the recognized political party and govern it. Hence recognized political parties/ rival groups disturbed the public order and peace for their own benefit.
- I state that, if Election commission of India and Director General of police, Tamil Nadu not restrained the general body meeting of AIADMK on 11-07-2022 at Vanagaram, Chennai or any other place it will lead to law and order problems and thus general public will be suffered.
- I State that the Election Commission of India shall solve the disputes between Mr.Edappadi K.Palaniswami and Mr.O.Panneer Selvam groups in order to capturing the General Secretary Post of AIADMK by applying their empower. Otherwise, AIADMK’s rival groups clashes turn into the biggest public law and order issue in the States of Tamil Nadu and Puducherry.
- I state that the Election Commission of India cannot be say that this Petitioner has no locus stand i to file this case and that it is the internal dispute between the recognized political parties. The Election Commission of India cannot say that the voter or general public has no right to involve in the internal factional dispute. The voters or general publics are too regulated by the Election Commission of India during elections.
- I state that even Election Commission of India recognized a political party and allotted symbol to them in order to contest the election, if general publics or voters not recognized that political party in election, Election Commission of India would withdraw the allotted symbol. Hence, for the allotment of symbols to recognized parties, the voters will not be carried away. The symbols allotted by Election Commission of India plays a vital role in general elections. The indiscipline of a political party can be controlled by the Election Commission of India and thus indirectly having an impact on general public/ voters. As a voter, I do have locus standi and this court is vested with powers to regulate the political parties.
- I state that, I have no personal interest in the case. I undertake to pay the costs, if any, if this PIL is found to be intended for personal gain or oblique motive. I filed this petition from my own funds. My Permanent Account Number ALZPJ2207Q and my annual income is around 4 lakhs. I state that there is no Public Interest Litigation pending before the Hon’ble Court on this subject matter. This public interest litigation is maintainable in law. The contents of this paragraph are in compliance with the Rules to regulate the Public Interest Litigations filed under Article 226 of the Constitution of India.
- I state that in the welfare of general public of Tamil Nadu and Puducherry, I request the Election of Commission of India to freeze the AIADMK’S Two Leave symbol until to solve the rival group’s clashes between Mr.Edappadi K.Palaniswami and Mr.O.Panneer Selvam by permanently in order to protect the public peace.
- In the above circumstances the petitioner humbly prays that this Hon’ble Court may be pleased to issue appropriate writs or orders or directions in nature of Writ of Mandamus to consider my representation dated 28-07-2022 to the Respondent No.1 for take necessary action against the rival groups of AIADMK and freeze the Two Leave symbol until to solve the dispute between Mr.Edappadi K.Palaniswami and Mr.O.Panneer Selvam by permanently in order to protect the public order and peace and pass such further orders or other orders as this Hon’ble Court deems fit and proper in the circumstances of the case and thus render justice.
Solemnly affirmed at Chennai Before Me
On this the 4th day of July, 2022
And signed his name in my presence. ADVOCATE: CHENNAI
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2022
P.A. Josseph.
S/o.P.Antony,
No.19/5, Pragadeshwar Nagar, Arumbakkam,
Chennai – 600 106. …Petitioner
VS
- The Election Commission of India
Represent by its Chief Election Commissioner,
Ashoka Road, New Delhi – 110 011.
- The Director General of Police,
Post Box No.601, Dr.Radhakrishnan Salai,
Mylapore, Chennai-600 004. …Respondents
WRIT PETITION
The petitioner above named begs to state as follows:-
The address of service of the petitioner for all notices and processes is that of his counsel M/s. R.Barnabas (Ms.No.306/2012), K.Pravin Kumar (Ms.no.1860/2008), , Advocates having office at No.27/59, Raja Street, Bharathiyar Nagar, Koyambedu, Chennai – 600 092.
The address of service of the respondents for all notices and processes are the same as stated above.
For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to issue appropriate writs or orders or directions in nature of Writ of Mandamus to consider my representation dated 28-07-2022 to the Respondent No.1 for take necessary action against the rival groups of AIADMK and freeze the Two Leave symbol until to solve the dispute between Mr.Edappadi K.Palaniswami and Mr.O.Panneer Selvam by permanently in order to protect the public order and peace and pass such further orders or other orders as this Hon’ble Court deems fit and proper in the circumstances of the case and thus render justice
Dated at Chennai on this 4th day of July,2022.
Counsel for Petitioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2022
P.A. Josseph.
S/o.P.Antony,
No.19/5, Pragadeshwar Nagar, Arumbakkam,
Chennai – 600 106. …Petitioner
VS
- The Election Commission of India
Represent by its Chief Election Commissioner,
Ashoka Road, New Delhi – 110 011.
- The Director General of Police,
Post Box No.601, Dr.Radhakrishnan Salai,
Mylapore, Chennai-600 004. …Respondents
SYNOPSIS OF THE CASE
The petitioner above named begs to state as follows:-
The petitioner states that he made representations to the The Election Commission of India on 28.06.2022 to take necessary action against the rival groups of AIADMK under section 15 and 16A of Election Symbols (Reservation & Allotment) order, 1968 and Model Code of Conduct for
Guidance of Political parties and “Candidates” issued by the Election Commission of India in order to protect the public order and peace. The said representation was duly served to the Respondent No.1 on 29-062022 even though, till date the Election Commission of India did not take any action on the petitioner’s representation or any reply to him. So the petitioner has no other option except to prefer the present writ petition before this Hon’ble Court seeking writ of mandamus to consider his representation dated 28-06-2022 by Respondent.No.1 for take necessary action against the rival groups of AIADMK and freeze the Two Leave symbol until to solve the dispute between Mr.Edappadi K.Palaniswami and Mr.O.Panneer Selvam by permanently in order to protect the public order and peace. The averments raised in the affidavit and the typed set of papers filed thereon may be treated as part and parcel of this Synopsis.
Therefore prayed that this Hon’ble Court may be pleased to pass suitable orders in the Writ Petition and thus render justice.
Dated at Chennai on this 4th day of July,2022.
Counsel for Petitioner
IN THE HIGH COURT OF
JUDICATURE AT CHENNAI
WP.NO. OF 2022.
P.A. Josseph.
…Petitioner
VS
The Election Commission of India and 1 another
.
…Respondents
AFFIDAVIT
COUNSEL FOR PETITIONER
M/s.K.Pravin Kumar (Ms.No.1860/2008)
R.Barnabas (Ms.No.306/2012)
Mobile No.9789011498
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2022
P.A. Josseph.
S/o.P.Antony,
No.19/5, Pragadeshwar Nagar, Arumbakkam,
Chennai – 600 106. …Petitioner
VS
- The Election Commission of India
Represent by its Chief Election Commissioner,
Ashoka Road, New Delhi – 110 011.
- The Director General of Police,
Post Box No.601, Dr.Radhakrishnan Salai,
Mylapore, Chennai-600 004. …Respondents
Dates and Events
| S.No | Date | Events |
| 1 | 28-06-2022 | Petitioner sent to representation to the
Respondent No.1 |
| 2 | 29-06-2022 | Acknowledgement receipt by Respondent-1 |
| 3 | 25-06-2022 | NAKKERAN weekly edition (Volume No.35, Issue No.20 dated June 25 to 28,2022). |
| 4 | 29-06-2022 | NAKKERAN weekly edition (Volume No.35, Issue No.21 dated June 29 to July 1, 2022). |
| 5 | 31-08-1968 | Election Symbols (Reservation & Allotment) order, 1968 |
| 6 | – | Model Code Of Conduct For The Guidance Of The Political Parties And Candidates |
| 7 | 29-06-2022 | Posters affixed in public places it may cause communal clash |
Dated at Chennai on this 4th day of July,2022.
Counsel for Petitioner
.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2022
P.A. Josseph.
S/o.P.Antony,
No.19/5, Pragadeshwar Nagar, Arumbakkam,
Chennai – 600 106. …Petitioner
VS
- The Election Commission of India
Represent by its Chief Election Commissioner,
Ashoka Road, New Delhi – 110 011.
- The Director General of Police,
Post Box No.601, Dr.Radhakrishnan Salai,
Mylapore, Chennai-600 004. …Respondents
INDEX
| S.No | Date | Particulars | Page. No |
| 1 | 4-07-2022 | Synopsis | |
| 2 | 4-07-2022 | Date and Event | |
| 3 | 4-07-2022 | Coding Sheet | |
| 4 | 4-07-2022 | Court Fee | |
| 5 | 4-07-2022 | Writ Petition | |
| 6 | 4-07-2022 | Affidavit |
| TYPED SET OF DOCUMENTS IN HIS WRIT PETITION | |||
| 7 | 28-06-2022 | Petitioner sent to representation to the Respondent No.1 | |
| 8 | 29-06-2022 | Acknowledgement receipt by
Respondent-1 |
|
| 9 | 25-06-2022 | NAKKERAN weekly edition (Volume No.35, Issue No.20 dated June 25 to 28,2022). | |
| 10 | 29-06-2022 | NAKKERAN weekly edition (Volume No.35, Issue No.21 dated June 29 to July 1, 2022). | |
| 11 | 31-08-1968 | Election Symbols (Reservation &
Allotment) order, 1968 |
|
| 12 | – | Model Code Of Conduct For The
Guidance Of The Political Parties And Candidates |
|
| 13 | 29-06-2022 | Posters affixed in public places it may cause communal clash | |
| 14 | 28-06-2022 | Petitioner sent to representation to the Respondent No.1 | |
| 15 | Petitioner’s Aadhar Card | ||
| 16 | Petitioner’s PAN card | ||
| 17 | 4-7-2022 | Vakalat | |
| 18 | 4-7-2022 | Batta | |
Certified that the papers filed in the above typed set are true copies Dated at Chennai on this 4th day of July,2022.
Counsel for Petitioner
