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WRIT OF QUO WARRANTO against udayanithi minister copy of affidavit IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P.No.29205 of 2023 Manohar,

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P.No.29205 of 2023

 

  • Manohar,

S/o.Thangavel,

No.147, R.K.Nagar, Perumal Koil Street,

Periyasekkadu, Madhavaram Milk Colony,

Chennai-600051                                                                                                                                                                                                              : Petitioner

-Vs-

 

  1. Udhayanidhi Stalin,

S/o.M.K. Satlin,

Hon’ble Minister for

Youth Welfare & Sports Development,

Government of Tamil Nadu,

Secretariat, Fort St. George,

Chennai-600 009

 

  1. The Special Secretary,

Tamil Nadu Legislative Assembly,

Secretariat, Fort St. George,

Chennai-600 009                                                                                                              : Respondents

 

 

AFFIDAVIT OF THE PETITIONER

 

I, T. Manohar, S/o.Thangavel, Hindu, aged about 52 years, residing at No.147, R.K.Nagar, Perumal Koil Street, Periyasekkadu, Madhavaram Milk Colony, Chennai600051, do hereby solemnly affirm and sincerely state as follows:

  1. I submit that, I am petitioner herein and as such I am well aware of the facts and circumstances of this case.
  2. I submit that, I am the State Secretary of Hindu Munnani Organization, however, I am filing this writ petition in my personal capacity and not in the capacity of the office bearer of Hindu Munnani Organization.

Page : 1 Corns:

  1. I submit that, recently, I saw a Video of the 1st respondent herein speaking in a meeting, which was held calling for eradication of “Sanathana Dharma” organized by the Communist Party of India. In the said meeting, Mr.Udhayanidhi Stalin, the Minister of Sports for Tamil Nadu and Mr.Sekar Babu, the Minister for H.R.&C.E. also participated.
  2. I submit that, it is unfortunate that, the Ministers who are supposed to be secular and against any faiths, values or beliefs took part in a meeting, which was conducted openly declaring that, it’s a meeting to eradicate Sanathan Dharma. The Sanathan Dharma, as per the book published by Board of Trustees, Central Hindu College, Benares in the year 1902, is the ancient religion based on one strong foundation on which are erected the walls of its structure and the foundation is called “Shrutih” and “Smritih”.  I submit that, the said “Shrutih” consists of four Vedas.  The four Vedas are the base of the present day Hindu Religion, which was anciently known only as “Sanathana Dharma”. In other words, Sanathana Dharma is basic Hindu Religious ideas.
  3. I submit that, Sanathana Dharma consists of six religious sects namely Saivam, Vaishnavam, Ganapathyam, Sagtham, Gowmaram, Souram. All the six sects are founded and organized by Adhi Sankarar.  At a later stage, all the six sects came to be commonly known as “Hindu Religion”, when the foreigners were not comfortable with the word “Sindhu”, they used the word “Hindu” to mention about the religion practised beyond “Sindhu” Region.

Page: 2 Corns:

  1. I submit that, while the facts remain so, the participation of the Minister in a meeting with a declaration of eradication of Sanathana Dharma is not only unfortunate but also untenable. I also submit that, not only participated but the

Minister also spoke in the meeting that Sanathana Dharma is a deadly disease like Dengue, Malaria or Corona and has to be eradicated like Dengue, Malaria or Corona have to be eradicated.

  1. I also submit that, before the 1st respondent herein spoke, one Mr.K.Veeramani, the President of Dravidar Kazhagam, spoke and he specifically said that, Sanathana Dharma and Hindu Dharma are one and the same and not two different ideologies. These words were spoken only in the presence of the 1st respondent and the 1st respondent neither objected nor clarified the statement of Mr.Veeramani.  I further submit that, the 1st respondent having the very knowledge that Hindu Dharma and Sanathana Dharma are one and the same, has specifically stated that, Sanathana Dharma has to be eradicated.
  2. I submit that, as an M.L.A. or a Minister, he is supposed to be a representative of every citizen of the State and a person holding the post of M.L.A or Minister participating in a meeting to eradicate the beliefs and faith of the citizens of the State either majority or minority is against the oath he has taken and as such he loses the qualification not only to be the Minister but also as an M.L.A.

 

Page : 3

 

  1. I submit that, while taking oath as Minister and as M.L.A., the

respondent has taken the oath stating that, he will function without fear or favour and be away from personal like and dislike and will work honestly for the welfare of every citizen.  But, the act of the Minister is totally against the oath taken by the Minister and also against the principles of Constitution of India.

  1. I submit that, it is worse in the case of the 1st respondent herein, since while speaking in a Church function recently, he has openly declared that he is a Christian and his wife is also a Christian. Being a Christian and belonging to a different faith, his speech using demeaning words against another faith would certainly attract criminal offence u/s.153(A), 505(ii) and 295(A) also.
  2. I submit that, when the speech of the 1st respondent herein reached all over India, there were emotional commotions all over India. I also understand from the print and visual media that, cases have been filed all over India before the

Magistrate Courts and the Police Stations.  I also submit that, even in the State of Tamil Nadu, several demonstrations and meetings were held condemning the speech of the 1st respondent as the Hindus were deeply hurt by the words of the 1st respondent.

  1. I submit that, the 1st respondent herein has also violated the principles of Fundamental Duties enumerated in Article 51-A (c)(e) of the Constitution of India.

When Article 51-A (c)(e) casts certain duties as mandatory on every citizen of India, a

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person holding the post of a Minister has much more responsibilities and much more bound by the Constitution of India has clearly violated the Constitution intentionally and wilfully.

  1. I submit that, the reason for my submission that, the violation was wilful and intentional is that, most of the statements made by the 1st respondent about

Sanathana Dharma is far from truth. The 1st respondent  has spoken as follows:

  1. Sanathana Dharma has kept the women as slaves inside the house.
  2. Sanathana Dharma was the root cause of the practice of Sathi. iii. Sanathana Dharma preached inequality among human beings. Sanathana Dharma is against social justice.
  3. The principles of Sanathana Dharma cannot be questioned by anyone.
  4. Sanathana Dharma has created violence in the State of Manipur.
  5. I submit that, the above words by the 1st respondent clearly expresses his hatred towards the Hindus who follows Sanathana Dharma. I reiterate that, a person who has hatred towards a particular faith and who openly declares that, the faith has to be eradicated from the society cannot hold any responsible post such as M.L.A. and especially the most responsible and powerful post namely “the Minister”.
  6. I submit that, in the above circumstances, having no other effective or alternate remedy, I am approaching this Hon’ble court under Article 226 of the

Constitution of India, praying for WRIT OF QUO WARRANTO or any other

Page : 5

appropriate Writ, order or direction calling upon the 1st respondent herein to show cause under what authority of law he is holding the post of the Minister of the Tamil Nadu State and also as an M.L.A.

  1. I submit that, no other similar petition is pending before this Hon’ble

Court or any other Court.

Hence, I pray that this Hon’ble Court may be pleased to issue a writ, order or direction, more particularly a writ in the nature of a WRIT OF QUO WARRANTO or any other appropriate Writ, order or direction calling upon the 1st respondent herein to show cause under what authority of law he is holding the post of the Minister of the Tamil Nadu State and also as an M.L.A. and pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render Justice.

Solemnly affirmed and duly signed  in my presence at Chennai this

the  11th day of September 2023                                                                                                                                          BEFORE ME

 

ADVOCATE-CHENNAI

Page 6th and last Corns:

 

 

 

MEMORANDUM OF WRIT PETITION

(Under Article 226 of the Constitution of India)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P.No.29205 of 2023

 

  1. Manohar,

S/o.Thangavel,

No.147, R.K.Nagar, Perumal Koil Street,

Periyasekkadu, Madhavaram Milk Colony,

Chennai-600051                                                                                                                                                                                                              : Petitioner

-Vs-

 

  1. Udhayanidhi Stalin,

S/o.M.K. Satlin,

Hon’ble Minister for

Youth Welfare & Sports Development,

Government of Tamil Nadu,

Secretariat, Fort St. George,

Chennai-600 009

 

  1. The Special Secretary,

Tamil Nadu Legislative Assembly,

Secretariat, Fort St. George,

Chennai-600 009                                                                                                              : Respondents

 

The address for service of all notices and processes on the petitioner is that of his counsel M/s.A. Jagadeeswari, Aravinda Bharathi, E. Karthik Raja AND K.R.Vinodhinee having office at No.7, Seyyur Parthasarathy Street, Perambur, Chennai-600 011.

The address for service of all notices and process on the respondent is the same as stated above.

 

 

-2-

For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a writ, order or direction, more particularly a writ in the nature of a WRIT OF QUO WARRANTO calling upon the 1st respondent herein to show cause under what authority of law he is holding the post of the Minister of the Tamil Nadu State and also as an M.L.A. and pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render Justice.

Dated at Chennai this the 11th day of September 2023

 

COUNSEL FOR PETITIONER

 

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