- (1.) The Writ Petition in W.P.No.18159 of 2016 has been filed seeking for issuance of a Writ of Mandamus, directing the first respondent to dispose of the representation of the petitioner dated 15.05.2016. 1.1. According to the Writ Petitioner / party-in-person, the General Election to the Tamil Nadu State Legislative Assembly was notified by the Governor of Tamil Nadu on 22.04.2016 and on the same day Election Commission issued a notification, fixing 16th May 2016 as the date on which polling shall be taken in all 234 Constituencies in Tamil Nadu; that the Election Commission tried their best to stop corrupt practice during the Election period in Tamil Nadu and in spite of best efforts by the Election Commission, the voters were bribed almost in all Constituencies; that on complaint, the Election Commission had conducted surprise raids in various Districts and found huge corrupt practices in Karur and Tanjore Districts and decided to postpone the Elections in Aravankurichi Constituency and Tanjore Constituency on 23.05.2016 and decided to announce the results for these Constituencies on 25.05.2016. 1.2. The grievance of the petitioner is that as per the Election Commission's notification, the Election results for 232 Constituencies would be announced on 19.05.2016 and the results of the two Constituencies in which, the Elections were postponed will be announced on 25.05.2016. After announcement of Election results for 232 Constituencies on 19th May 2016, the people would know which political party is going to come to power and it will influence the voters in two Constituencies viz., Aravankurichi and Tanjore and there will not be free and fair Election and to ensure free and fair Election in the two Constituencies, the results for all 232 Constituencies should be announced on the same day. Aggrieved by the notification of the Election Commission dated 14.05.2016 to postpone the Elections in two Assembly Constituencies, the petitioner preferred a representation dated 15.05.2016. It is further alleged that considering the reasons for postponement of Elections, the recognition of political parties involved in corrupt practice have to be cancelled. Aggrieved over the non-consideration of the representation, the petitioner has filed the Writ Petition.
(2.) The petitioner in W.P.No.18196 of 2016 has prayed for postponement of counting of votes on 19.05.2016 and to count the votes on the day after 23.05.2016 for the General Election held in State of Tamil Nadu for the Legislative Assembly on 16.05.2016 or to any other date after 23.05.2016. According to the petitioner, originally the respondents fixed 16.05.2016 as date of polling for the Legislative Assembly and 19.05.2016 to count the votes. However, on 14.05.2016, the first respondent postponed the Elections of Aravankurichi and Tanjore Constituencies, fixing the date of polling as 23.05.2016 and date of counting as 25.05.2016, and if the votes polled on 16.05.2016 are counted on 19.05.2016, it will have an adverse impact in the minds of the general public, who will cast their votes on 23.05.2016. Hence, the petitioner sent a representation dated 16.05.2016 by Fax and by E-mail on 17.05.2016. Since the request was not considered, the present Writ Petition has been filed.
(3.) Mr.Senthil Arumugam / party-in-person in W.P.No.18159 of 2016 would submit that in view of the corrupt practice happened in the State of Tamil Nadu, during the Assembly Elections in May 2016, the Election Commission found that a sum of Rs.4.77 Crores seized by the Income Tax Authorities from the house of one Sri.Anbunathan on 22.04.2016 and also seized materials and documents for purchase of articles worth Rs.1.30 Crore. Further, the Income Tax Department conducted search in the house of K.C.Palanisamy on 10.05.2016, who is a candidate of Dravida Munnetra Kazhagam in Aravakurichi Assembly Constitution and seized Rs.1.98 Crore, while postponing the Elections to the two Constituencies, decided to count the votes and announce the results on 19.05.2016 for the remaining 232 Constituencies. The decision of the Election Commission is not proper, while postponing the counting in the States of Assam and West Bengal on the premise that the declaration of the results in the States of Assam and West Bengal, though the Elections were over on 11.04.2016 and 05.05.2016, the announcement of the result would affect Elections in the State of Tamil Nadu, Kerala and Puducherry, the same logic has to be followed in the case of postponement of Election to two Constituencies in Tamil Nadu.;