S. Ching Chyang Ching, Voter, Tax Payer and Educationist vs The Chief Election Commissioner and Others

N.K. Jain, C.J.—This petitioner alleged to be a resident of Cuddalore, has filed this PIL writ petition seeking to disqualify the fourth respondent. Dr. J. Jayalalitha. from contesting in Legislature/ Parliament/Local Body elections in India for a period of six years. The petitioner has made several allegations against the fourth respondent and submitted that she had been convicted after a fair trial by the Special Court. It is submitted that the fourth respondent was totally unfit to file nominations and she may not disclose the information about her conviction in her nomination papers. It is also submitted that she would take advantage of the leniency of Courts to obtain stay orders at the time of elections and his request for the announcement of disqualification should be made immediately by the Election Commission. Therefore, he has prayed to direct the first three respondents to take necessary immediate steps in public interest to disqualify the fourth respondent from contesting in the forthcoming election to the Tamil Nadu State Legislative Assembly or any parliament elections.

We have heard the petitioner/party in person and perused the materials. No doubt, in an appropriate case, this Court can direct the authorities, if there is violation of any fundamental right and the issue involved touches the conscience of the Court. But at the same time PIL cannot be used for publicity or political motivation. This Court cannot issue direction to any of the respondents 1 to 3, either to accept or reject the nomination paper. Accepting or rejecting of a nomination paper is within the domain of the Re-turning Officer of a particular constituency, as per law and everybody is expected to perform his duty in accordance with law. That apart, election process has already started. Accordingly, this writ petition is dismissed.