Madras High Court: In a writ petition filed by District Secretary regarding quashing of order passed by Assistant Election Officer and directing the Election officer and police to grant permission for rally along with adequate police protection, K. Murli Shankar, J., while setting aside the impugned order dated 05-04-2024, has directed the Election officer and police to grant the permission for rally from an alternative route along with adequate police protection for rally, with a condition that the District Secretary will conduct a peaceful rally without using of flex boards.
Background:
The District Secretary applied for permission from Assistant Election Officer to permit their party to conduct a rally scheduled on 07-04-2024 at about 04:30 p.m. to 07:00 p.m. making a start from Gandhi Market Arch and finishing at Malaikottai of Tiruchipalli in which their party National President Shri Jagat Prakash Nadda was to participate, in order to campaign for the Lok Shaba Election for the year 2024. However, the said request was rejected by Election Officer by the impugned order, as the purposed route for rally is visited by masses and there is already a general prohibition for allowing four wheelers from 06:00 a.m. to 10:00 p.m. every day. Apart from that, the vehicle which is going to be used for rally ie., ISUZU Goods Carrier is not having permanent Registration and that Road Tax has not been paid and therefore, the said vehicle cannot be allowed to ply in the roads.
Analysis:
The Court said that just because there would be some hindrance for the traffic and free movement of the people, that by itself is not a ground to reject the permission. Thus, the Court while setting aside the impugned order, directed the Election Officer to grant permission for the rally from the alternative route, as agreed by both parties, i.e., the rally is to begin from Kannappa Hotel and to finish at E.S.I. Hospital between 5.30 P.M and 08.00 P.M on 07-04-2024. Further, it directed the police to give necessary protection by imposing required conditions. The Court further directed the Police to include a condition that no flex board will be allowed to be erected by the organizers during the event.
[Rajsekaran vs. Assistant Election Officer, 2024 SCC OnLine Mad 690, Order dated- 07-04-2024]
Advocates who appeared in this case :
For the Petitioner: Advocate Niranjan S. Kumar.
For the Respondents: Additional Advocate General R. Baskaran, Additional Public Prosecutor T. Senthilkumar.
