Madhan vs The Chief Election Officer Office of Election Commission of India and The Electoral Registration Officer, Maduravoyal Assembly Constituency

P. Jyothimani, J.—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.

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.

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.

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.