IN
THIS HIGH COURT OF JUDICATURE AT MADRAS
(Special original
jurisdiction)
W.P. No. Of 2016
Satta
Panchayat Iyakkam (SPI)
Represented by its General Secretary, Senthil
Arumugam
No: 31, South West Boag Road,
T.Nagar, Chennai _600 017.
-------- Petitioner
(in Person)
Vs
1. Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan,
Election Commission of India,
Nirvachan Sadan,
New Delhi -110001
2. Chief Electoral Officer,
Election Commission of India,
Secretariat, Chennai – 600009
Tamilnadu
Election Commission of India,
Secretariat, Chennai – 600009
Tamilnadu
------- Respondents
AFFIDAVIT OF THE
PETITIONER
I, Senthil Arumugam alias Senthil Kumar, son of
R.Arumugam, PAN CARD NO: APVPS9329G, aged about 39 years, functioning as General
Secretary, Satta Panchayat Iyakkam, having office at No: 31, South west boag
Road, T. Nagar, Chennai – 17, do hereby solemnly affirm and sincerely state as
follows:-
1. I am the
petitioner herein and the General Secretary of Satta Panchayat Iyakkam and as
such, I am well acquainted with the facts and circumstances of the case &
appearing as Party in Person to represent our case.
2. I state that I am
approaching this Honourable court with the present writ petition seeking
appropriate direction to the respondent to Postpone the announcement of
Tamilnadu Assembly election results for all constituency to May25th. As of now,
results for 232 constituency is being announced on May19th. Results for 2
constituency alone will be announced on 25.05.2016.
3. I respectfully
submit that our organisation Satta Panchayat Iyakkam, a civil society movement
is functioning to empower citizens and to ensure good governance. We are running a public service call center
via which we help citizens to get their basic rights/entitlements in Government
Schemes. If we come across any public issues via this call center or via our
own field survey, we regularly bring the issue to the concerned authority for
action. Apart from empowering citizens we do expose scams with evidential
data. We also voice for liquor
prohibition in Tamil Nadu. We are
regularly conducting Right to Information Act(RTI) training programs to public.
We are one of the organization which continuously works for effective
implementation of Right to Information Act in letter and spirit in Tamilnadu. To curb corruption, we are continuously
insisting the enactment of Lok
Ayuktha and Right to Services(RTS) Act in Tamil Nadu. With genuine public
Interest, we file Public Interest Litigation(PIL) case. Our last PIL is for
demanding toilet, drinking water facilities in
Railway stations.
4.
The General election to the Legislative Assembly of Tamil Nadu was
called by the Governor of Tamil Nadu on 22nd April, 2016, by his notification
of the said date under section 15 of the Representation of the People Act,
1951. On the same date, the Election Commission also issued notification under
sections 30 and 56 of the said Act fixing 16th May, 2016, as the day on which
poll shall be taken in all the 234 constituency in Tamilnadu.
5. Election
commission of India(ECI), tried their best to stop corrupt practices during
election period in Tamilnadu. Inspite of ECI’s best efforts, voters were bribed
almost in all constituencies. When this matter was brought to the notice of
ECI, they have conducted surprise raids in various districts. Particularly ECI
found huge corrupt practices happening in Karur and Thanjavur districts. After
intensive scrutiny, ECI decided to postpone the elections of 134.Aravakurichi
constituency & 174. Thanjavur constituency to 23.05.2016 . It is decided by ECI to announce the results
for these two constituencies on 25.05.2016.
6. To
highlight the gravity of the corrupt practices happened in Tamilnadu during
this assembly election(May2016), we would like to reproduce some extract from
the order issued by ECI to postpone election in 134.Aravakurichi constituency:
Extract from ECI order no: 464/TN-LA/2016 dated 14.05.2016)
“ …..2. From the very early stages of the notification of the election, the Commission started receiving complaints in large numbers with regard to the distribution of money and other gifts in the form of consumable items, etc., to the electors of the said 134-Aravakurichi Assembly Constituency by the candidates and political parties in the election fray. As a counter move to check these illegal activities of the candidates and political parties, the Commission took several proactive steps to curb these activities. By way of illustration, three Static Surveillance Teams, six Flying Squad Teams and two Video Surveillance Teams, headed by senior officers, were deployed in the constituency to keep a constant vigil on the above mentioned unlawful activities. In addition, a senior officer belonging to Indian Revenue Service was appointed as Expenditure Observer by the Commission under section 20B of the said Act, who was assisted by an Assistant Expenditure Observer in the constituency. The above apart, the Income Tax Investigation Directorate and other enforcement agencies were also involved to keep a close watch on the movement of money and other gift items capable of being used for the inducement of electors.
3. On 22nd April, 2016, the Income Tax
Department conducted a search in the residence of one Shri Ambunathan, S/o Shri
Periyasami in Aravakurichi. During that
search, an amount of Rs.4.77 crores was seized by the Income Tax authorities
alongwith some other incriminating documents which revealed a number of notings
showing proximity to some prominent Ministers of the Tamil Nadu Government and
belonging to the All India Anna Dravida Munnetra Kazhagam. In addition, 200 saris and dhotis were also
seized and there were notings to show that these saries and dhotis have been
purchased for Rs.1.30 crore. Further, a
number of currency counting machines were also seized alongwith some
un-registered ambulance vehicles, which were suspected to be used for
transporting the money. A case was
registered under various sections of the Indian Penal Code and section 5 of the
Emblems and Names (Prevention of Improper Use) Act, 1950. The aforesaid seizure of money and gift items
gave rise to a petition from the opposition parties demanding a CBI enquiry in
the matter.
4. On 10th May, 2016, the Income Tax
Department conducted another search in the residence of Shri K.C. Palanisamy,
the candidate of Dravida Munnetra Kazhagam
in the 134-Aravakurichi Assembly Constituency, and his son Shri K.C.P.
Sivaraman in Chennai and Karur. The
total cash seized in the above search amounted to Rs.1.98 crore, out of which
Rs.95 lakh was seized from the house of the candidate Shri K.C.
Palanisamy. The IT Department has
videographed both the above mentioned searches and seizers.
5. Further, seven FIRs have been registered
in 134-Aravakurichi Assembly Constituency.
In one of these FIRs, registered under section 171B of the Indian Penal
Code, the complaint was that a person was distributing money to some people in
the constituency and when the officials reached the spot, the person
distributing the money fled from the scene abandoning Rs.68,000/-. Furthermore, 429 litres of liquor has been
seized in the constituency and 33 complaints of money distribution have been
registered in the Grievance Redress Portal on Money Distribution of the
constituency set up by the election authorities.
6. The Commission has very carefully
analyzed and examined the whole situation.
Now from the facts narrated above, the irresistible conclusion is that
all the above seized monies and gift items were meant for distribution to
electors as illegal inducement to them.
It may be worthwhile to mention that ‘bribery’ at elections to any
person with the object of inducing him or any other person to exercise any
electoral right or, even inducing or attempting to induce any person to
exercise any such right, is an electoral offence under section 171B of the
Indian Penal Code, and is punishable with imprisonment of either description
for a term extending upto one year or, with fine, or with both. Such ‘bribery’ at elections is also a corrupt
practice under section 123(1) of the Representation of the People Act, 1951
which can result in the election of the returned candidate being declared void
and the candidate found guilty of commission of such corrupt practice can also
be disqualified by the President on the recommendation of the Commission for a
further period of six years. The above
provisions in the law, making ‘bribery’ an electoral offence and a corrupt
practice, have been made with the manifest object of ensuring purity of the
election process.
This detailed order evidently shows the magnitude of corrupt practices happened in 134.Aravakurichi Constituency.
This detailed order evidently shows the magnitude of corrupt practices happened in 134.Aravakurichi Constituency.
7. Normally, Election
Commission of India decides the date of announcement of election results in
such a manner which ensures no influence is being put on voters.
For Example:
For Example:
7.1
Even though Assembly election for Assam is over on
11.04.2016, counting of votes is scheduled on 19.05.2016 ie, after 38 days of
election date.
7.2
In West Bengal, Assembly was conducted in 6 phases.
Ist Phase of poll happened on 04.04.2016 and the 6th Phase of poll
went on 05.05.2016. But results of all the 6 phases will be announced on
19.05.2016 only. That is, 14 days after the election date.
7.3
It is to be noted that, Assam and West Bengal
Assembly election results were put on hold till elections are over in
Tamilnadu, Kerala and Pondicherry. Election Commission of India(ECI) wanted to
ensure, election result in one state(say Assam) should not influence the result
of other state(say Tamilnadu). That’s why ECI fixed the result announcement
date for all states (Assam,Kerala,Tamilnadu,West bengal and Pondicherry) which
went on election at the same period as 19.05.2016.
7.4
Also it is to be noted that West Bengal election
results were not announced till the last phase election(6th phase)
was over. It is to ensure that, other voters should not be influenced by the
result of the earlier phase.
8. As
per Election Commission’s earlier notification, election results for 232
constituency is being announced on 19.05.2016.
Results for 134.Aravakurichi constituency and 174. Thanjavur
constituency will be announced on 25.05.2016. This approach will totally spoil the basic
spirit of “Free and Fair” elections, on which basis elections are conducted.
Two major problems will arise because of this:
8.1: After announcement of elections results in 232 constituency on May19th, people will come to know the political party which is going to come to power. This will influence the voters of 134. Aravakurichi constituency and 174. Thanjavur constituency for whom they should vote for. Voters will be tempted to vote for the party which is going to become the ruling party. People very well know that, if their constituency is won by the party which is in majority, they will get more schemes to their villages/town.
Two major problems will arise because of this:
8.1: After announcement of elections results in 232 constituency on May19th, people will come to know the political party which is going to come to power. This will influence the voters of 134. Aravakurichi constituency and 174. Thanjavur constituency for whom they should vote for. Voters will be tempted to vote for the party which is going to become the ruling party. People very well know that, if their constituency is won by the party which is in majority, they will get more schemes to their villages/town.
8.2: After announcement of
election results in 232 constituency on May19th, Tamilnadu Government officials
who involve in conduct of elections will come to know the political party which
is going to come to power. In this background, if elections are conducted for 134.
Aravakurichi constituency and 174. Thanjavur constituency on May23rd, there is
a possibility of officials being influenced towards the party which is going to
be the ruling party. If any corrupt practices are found in the election
campaign, officials may think twice to take action, if it is the party which got
majority in the results announced on May19th.
9. In
case, the election results announced on May19th
endup in a tie or a nearly tie situation, elections to be conducted on
May23rd in 134. Aravakurichi constituency and 174.Thanjavur will be very crucial. The first two parties
who got nearly equal seats will fight tooth and nail to win these two seats. It
may endup in more corrupt practice like bribing the voters and huge distribution
of gift materials to voters. Hence, the
purpose of Election Commission of India postponing the elections in the above
said two constituencies may conclude with negative result.
I have no other alternative or efficacious remedy except to approach this honorable court to issue writ of Mandamus for the following
among other:
10.GROUNDS
10.1: The non consideration of our representation dated 15-05-2014 submitted in person to Chief Electoral officer of Tamilnadu is against the principles of natural justice.
10.2: The non consideration of our email
representation sent on 15-05-2014 to Chief Election Commissioner, New delhi and
Chief Electoral officer Tamilnadu is against the guarantees granted under
Article 19 and 21 of Constitution of India.
10.3: Corrupt practices referred in Section 123(2) of Representation of People Act 1951 says “…Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7[with the consent of the candidate or his election agent], with the free exercise of any electoral right:”
10.3: Corrupt practices referred in Section 123(2) of Representation of People Act 1951 says “…Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7[with the consent of the candidate or his election agent], with the free exercise of any electoral right:”
Postponement of elections in
the above said two constituencies were warranted due to the corrupt practices
organized by some political parties. Those practice unduly influenced voters. But,
the action taken by Election Commission of India (ECI) to postpone the election
to 23.05.2016 will also unduly influence voters. Because, results of 232
constituency is being announced on 19.05.2016. It is unfortunate that ECI
itself become a reason to influence the voters in these two constituencies.
11: PRAYER:
For the reasons stated above, we pray
that this Hon’ble court may be pleased to issue a Writ, Order or direction , in
the nature of a writ of Mandamus or any other writ, order or direction and thus render justice,
11.1
To ensure “Free and Fair” Election in 134.Aravakurichi
Constituency and 174. Thanjavur Constituency & to ensure the voters to vote
without any influence, vote counting for ALL the constituencies to be conducted
on May25th or any other date preferred by Election Commission of India. We pray
that, results for 234 constituency should be announced on the same date.
11.2 As per the Election Commission of India(ECI) order dated 14.05.2016 to
postpone 134.Aravakurichi constituency election & ECI Order dated 15.05.2016 to postpone 174.Thanjavur
constituency election shows evidences of corrupt practices by DMK and AIADMK
candidates to influence voters. Hence, these both party candidates should be
disqualified to contest in the election to be conducted on 23.05.2016 for the
above said two constituencies.
11.3 As per
the Election Commission of India(ECI) order dated 14.05.2016 to postpone 134.Aravakurichi constituency election & ECI Order dated 15.05.2016 to postpone 174.Thanjavur
constituency election shows evidences of corrupt practices by DMK and AIADMK
candidates to influence voters. Hence, both the above said parties
to be de-recognised by Election Commission of India, which will send a strong
message to political parties those who involve in corrupt practices.
Under
the above circumstances it is prayed that this Hon’ble court may be pleased to
issue a Writ of Mandamus or any other orders or directions in the nature of the
Writ directing the first respondent to
dispose of our representation dated 15.05.2016 expeditiously and pass such
other further orders or directions as this Hon’ble court may deem fit and
proper in this circumstances of the case and thus render justice.
Solemnly
affirmed at Chennai on this
17th
day of May 2016 and signed BEFORE ME
His
name in my presence
Senthil Arumugam
Party in Person
8754580274
