IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.09.2017 CORAM THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.25025 of 2017 Haji S. Nadeemullah Khan Ahalai Sunnathval Jamath Jamia Mosque Satyamangalam - 638 401 Erode District ... Petitioner v.
1 The Government of Tamil Nadu Represented by Chief Secretary Fort St. George Chennai - 600 009
2 The Secretary Department of Backward Class, Most Backward Class and Minorities welfare Department (Election Officer) Fort St. George Chennai - 600 009
3 Chief Executive Officer Tamil Nadu Walf Board No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai - 600 001
4 The Superintendent of Wakfs No.14-15, Mosque Complex Avinashi Road, Uppipalayam Coimbatore - 641 018
5 The Returning Officer Deputy Secretary to the Government (Law) Department of Backward Class, Most Backward Class and Minorities Welfare department Fort St. George Chennai - 600 009
6 The Assistant Returning Officer Under Secretary to the Government Department of Backward Class, Most Backward Class and Minorities Welfare department Fort St. George Chennai - 600 009 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to consider the representation dated 07.09.2017 and direct the respondents 2 to 5 to include the names in the final voters list which was originally listed in item Nos.529 & 535, so as to make the petitioners eligible to vote in the upcoming election to be conducted on 04.10.2017, for electing 2 Muthavalli members of the Tamil Nadu Wakf Board.
For Petitioner : Mr.S.Hussain Afroze For Respondents : Mr.R.Rajeswaran Spl. Govt. Pleader - for R1, R2, R5 & R6 Mr.V.Lakshmi Narayanan - for R3 & R4 O R D E R Mr.R.Rajeswaran. learned Special Government Pleader, takes notice for the respondents 1, 2, 5 and 6 and Mr.V.Lakshmi Narayanan, learned counsel takes notice for the respondents 3 and 4. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.
2. The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondents 2 to 5 to consider the representation dated 07.09.2017 by including his name in the final voters list, which was originally listed in item Nos.529 & 535, so as to make him eligible to vote in the upcoming election to be conducted on 04.10.2017, for electing 2 Muthavalli members of the Tamil Nadu Wakf Board.
3. Mr.V.Lakshmi Narayanan, learned counsel, appearing for the respondents 3 and 4 submitted that the petitioner has approached this court even without challenging the final voters list published on 26.07.2017 and that the petitioner's representation cannot be considered at the eleventh hour.
4. Mr.R.Rajeswaran, learned Special Government Pleader appearing for the respondents 1, 2, 5 and 6 submitted that the present writ petition is liable to be rejected solely on the ground that the petitioner has not challenged the final voters list, which was published as early as on 26.07.2017
5. When the election is scheduled to be conducted on 04.10.2017, the petitioner has approached this court at the last moment seeking for inclusion of his name in the final voters list. Though the final voters list were published as early as on 26.07.2017, the petitioner chose to remain silent for all these days. In these circumstances, I am of the considered view that the petitioner has filed the writ petition only to prolong the election to be conducted on 04.10.2017.
6 In view of the above, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. No costs.
19.09.2017 Index: Yes/No Rj To
1 The Chief Secretary Government of Tamil Nadu Fort St. George Chennai - 600 009
2 The Secretary Department of Backward Class, Most Backward Class and Minorities welfare Department (Election Officer) Fort St. George Chennai - 600 009
3 Chief Executive Officer Tamil Nadu Walf Board No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai - 600 001
4 The Superintendent of Wakfs No.14-15, Mosque Complex Avinashi Road, Uppipalayam Coimbatore - 641 018
5 The Returning Officer Deputy Secretary to the Government (Law) Department of Backward Class, Most Backward Class and Minorities Welfare department Fort St. George Chennai - 600 009
6 The Assistant Returning Officer Under Secretary to the Government Department of Backward Class, Most Backward Class and Minorities Welfare department Fort St. George Chennai - 600 009 M.DURAISWAMY,J.
Rj W.P.No.25025 of 2017 19.09.2017