Court Upholds Res Judicata and Restricts Judicial Intervention During Election Process
In a significant ruling, the Madras High Court dismissed a public interest litigation (PIL) filed by M.L. Ravi, a practising advocate and President of Deisya Makkal Sakthi Katchi, challenging the alleged misuse of reserved election symbols by candidates of other political parties during elections. The court emphasized the application of the principle of res judicata to writ proceedings and underscored the limitations on judicial intervention once the election process has commenced.
The division bench, comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, observed that the petitioner had previously filed similar writ petitions, which were dismissed on merits. The court reiterated that a dismissed writ petition on similar grounds cannot be re-agitated, adhering to the principle of res judicata as established by the Supreme Court in cases such as Daryao v. State of Uttar Pradesh and Shankara Co-operative Housing Society Limited v. M. Prabhakar.
The court further noted that the petitioner failed to provide any substantial evidence or specific instances of illegality regarding the issuance of Form A and Form B to candidates by recognized political parties. It emphasized that such matters fall within the purview of the Election Commission of India, which is tasked with examining claims related to election symbol misuse.
Highlighting the timing of the petition, the court remarked that the election notification had already been issued, and the nomination process was underway when the writ was filed. Citing the Supreme Court's decision in Election Commission of India v. Ashok Kumar, the bench asserted that judicial remedies should be postponed until the completion of election proceedings to avoid obstructing the election process.
The judgment serves as a reminder of the judiciary's cautious approach in election-related matters, emphasizing the need for clear and compelling evidence before judicial intervention can be considered. The writ petition was ultimately dismissed, with no order as to costs, and the interim application was closed.
Bottom Line:
Principle of res judicata applies to writ proceedings. Judicial remedy cannot interrupt election proceedings once the election process has commenced.
Statutory provision(s): Article 226 of the Constitution of India, Res Judicata, Election Laws, Supreme Court judgments - Daryao v. State of Uttar Pradesh, Election Commission of India v. Ashok Kumar, Shankara Co-operative Housing Society Limited v. M. Prabhakar.
M.L.Ravi v. Chief Election Commissioner, (Madras)(DB) : Law Finder Doc id # 2884433
