WP(MD)/10700/2026 of MR. S. SATHISH KUMAR Vs THE ELECTION COMMISSION OF INDIA

W.P.(MD) No.10700 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.04.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.(MD) No.10700 of 2026 and WMP (MD) No.8366 of 2026 S. Sathish Kumar S/o.Sethu, No.478, Veerani, Panangadi Post, Kalaiyarkoil Taluk, Sivaganga District - 630 556. Petitioner Vs 1.The Election Commission of India Through the Chief Election Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001. 2.The Chief Electoral Officer and Principal Secretary to Government, Public (Elections) Department, Secretariat, Chennai - 600 009. 3.The District Collector/ District Election Officer District Collectorate, Sivaganga District - 630 562. ______________ Page 1 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10700 of 2026 4.Raj Selvan Public Relations Officer (P.R.O), Information and Pubic Relations Office, Sivaganga District. Respondents PRAYER : Petition filed under Article 226 of the Constitution of In dia seeking issuance of a writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 27. 03.2026 and consequently transfer the 4 th respondent out of Sivaganga District in strict compliance with the Election Commission of India's C ircular No. 437/6/1/INST/ECI/FUNCT/MCC/2026 dated 09.02.2026. For Petitioner: Mr.Yash Rathi For Respondents: Mr.Niranjan Rajagopalan Standing Counsel for R1 to R3 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard. 2. This writ petition, styled as public interest litigation, has been filed by the petitioner for issuance of a writ of mandamu s directing respondents 1 to 3 to transfer the fourth responden t out of Sivaganga District in compliance with the Circular dated 9.2.2026 of the Election ______________ Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10700 of 2026 Commission of India. 3. The case of the petitioner is that the fourth respond ent has been serving in Sivaganga Information and Public Relations Office since December, 2021 and the continued retention of the fourth respondent as District Public Relations Officer in Sivaganga District is in clear violation of the statutory transfer guidelines issued by the Election Commission of India in view of the forthcoming Tamil Nadu Legislative Assembly Elections, 2026. In the light of the sensitive nature of duties discharged by the fourth respondent, particularly in relation to election media monitoring and voter awareness, such prolonged tenure coupled with political affiliation is state d to pose a grave threat to the fairness and integrity of the elec toral process. In this regard, the petitioner has submitted several representations to the competent authorities and the last representation of th e petitioner is dated 27.3.2026. Despite receipt of the representatio ns, the competent authorities have not taken any action. Henc e, the petitioner has filed the present writ petition. 4. It is well settled that no public interest litigation is maintainable in service matters. This issue is covered by the ______________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10700 of 2026 judgment of the Apex Court in Ayaaubkhan Noorkhan Pathan v. State of Maharashtra 1, wherein the Apex Court has held that such a course of action is not permissible so far as service matters are concerned. 5. The petitioner’s attempt seeking transfer of the fou rth respondent through a public interest litigation is nothing but perverse and misconceived. Accordingly, we refrain from entertain ing this writ petition. However, the Election Commission of India would be free to deal with the representation, if any, submitted by the petitioner, in accordance with law. 6. The writ petition is disposed of. There shall be no o rder as to costs. Consequently, connected miscellaneous petition is closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 21.04.2026 Index : Yes/No Neutral Citation : Yes/No bbr 1(2013) 4 SCC 465 ______________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10700 of 2026 To: 1.The Chief Election Commissioner, Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi - 110 001. 2.The Chief Electoral Officer and Principal Secretary to Government, Public (Elections) Department, Secretariat, Chennai - 600 009. 3.The District Collector/ District Election Officer District Collectorate, Sivaganga District - 630 562. ______________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10700 of 2026 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J. bbr W.P.(MD) No.10700 of 2026 21.04.2026 ______________ Page 6 of 6 https://www.mhc.tn.gov.in/judis