THE ELECTION COMMISSIONER Vs. P. KAKKAN, PRESIDENT, TAMIL NADU CONGRESS COMMITTEE AND ORS.
LAWS(MAD)-1970-6-14
HIGH COURT OF MADRAS
Decided on June 15,1970

The Election Commissioner Appellant
VERSUS
P. Kakkan, President, Tamil Nadu Congress Committee And Ors. Respondents

JUDGEMENT

G. Ramanujam, J. - (1.) Writ Petition No. 327 of 1970 has been filed by the Election Commissioner, the second Respondent in Writ Petition No. 1287 of 1970, against the view expressed by Alagiriswami J., that the Election Commissioner cannot issue directions to the Returning Officer or the Chief Electoral Officer of the State in relation to the bye -election held in the State, not to allot the symbol of two bullocks with yoke on to the group headed by the first writ -Petitioner, while dismissing the writ petition on the ground that, the election process having started in relation to Colachel Assembly Constituency, the proper remedy for the candidate set up by the Petitioners, if he is not successful is by means of an election petition under Sec. 80 of the Representation of the People Act and that it is not open to the Court, in exercise of the powers under Article 226 of the Constitution of India, to interfere with the process of election once started.
(2.) Writ Appeal No. 345 of 1970 has been filed by the Petitioners in Writ Petition No. 1287; of 1970 against the order of the learned Judge dismissing the writ petition on the above ground, without deciding the case on the merits.
(3.) Writ Petition No. 1513 of 1970, has been filed by the same Petitioners as in writ Petition No. 1287 of 1970, seeking a writ of mandamus directing the Electoral Officer, Madras, the Election Commissioner, New Delhi and the Returning Officer. Cheranmahadevi Assembly Constituency, to allot to the candidates set up by the Tamil Nadu Congress Committee, of which the first Petitioner is the president and the second Petitioner is one the three secretaries, the symbol of two bullocks with yoke on, which is the reserved symbol for the Indian National Congress.;


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