IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:17.03.2011 CORAM: THE HON'BLE MR.JUSTICE P.JYOTHIMANI WRIT PETITION No.6464 of 2011 .. Madhan .. Petitioner vs. 1.The Chief Election Officer Office of Election Commission of India 100 Ft. Vadapalani Road Arumbakkam, Chennai 600 016. 2.The Electoral Registration Officer, Maduravoyal Assembly Constituency at Ambattur Taluk Office Ambattur, Chennai 53. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus as stated therein. For petitioner : Mr.V.Meenakshisundaram For respondents : Mr.M.R.Raghavan .. ORDER
The writ petition is for direction against the respondents to incorporate the name of the petitioner as “Madhan” in the Voters List for Maduravoyal Assembly Constituency in Tamil Nadu State and also issue Voter’s Photo Identity Card.
2. Originally, the name of the petitioner was incorporated in the Voters List as “C.B.Balachander” and he has taken necessary steps for change his name as “Madhan” and that he seeks to incorporate the same in the electoral role, since he requires the said electoral role for the purpose of contesting in the General Election on behalf of Indhiya Jananayaga Katchi, being its General Secretary.
3. Mr.M.R.Raghavan, learned counsel appearing for the respondents, on instruction would submit that Form-8 submitted by the petitioner on 28.10.2010, was not considered for want of particulars and therefore, the respondents could not pass any orders incorporating the name of the petitioner. However, after filing of the writ petition, on 10.03.2011, the petitioner has submitted a fresh Form 8 with necessary particulars and after going through the same, the second respondent has already taken a decision and incorporated the name of the petitioner in the electoral role as “Madhan”. As far as issuance of publication of the Voters List is concerned, that has to be done only after a direction by the Election Commission of India, which has fixed the publication of the Voters List as 01.04.2011, and thereafter the list can be published. Regarding the identity card also it is only after the publication of the voters list, it will be issued.
4. The learned counsel for the petitioner submits that for the purpose of filing the nomination form, for which the date is fixed as 19.03.2001, he requires the electoral list. The learned counsel for the respondent would fairly submit that the second respondent has already passed orders incorporating the name of the petitioner in the records as “Madhan”, if the petitioner approach the second respondent and make necessary application in the prescribed form, immediately orders will be passed and the same will be issued to the fact that in the new name as “Madhan”.
In such view of the matter, the writ petition stands disposed of directing the petitioner to approach the second respondent on 18.03.2011, by making an application for issuance of a certificate incorporating the name of the petitioner as “Madhan” in the electoral role and in such event, the second respondent shall pass orders immediately and give necessary certificate forthwith. No costs.
Kh
To
1.The Chief Election Officer
Office of Election Commission of India
100 Ft. Vadapalani Road
Arumbakkam, Chennai 600 016.
2.The Electoral Registration
Officer, Maduravoyal
Assembly Constituency at
Ambattur Taluk Office
Ambattur,
Chennai 53