ROs interpreted EC circular correctly: Gill

By Our Special Correspondent

NEW DELHI, APRIL 30. Expressing satisfaction over the decisions taken by the Returning Officers (ROs) in Tamil Nadu and Kerala, the Chief Election Commissioner, Dr. M.S. Gill, today said the Commission's August 1997 circular had the legal backing and the ROs had correctly interpreted it. Replying to a query on how the nomination of the former Kerala Minister, Mr. R. Balakrishna Pillai, convicted for five years in a corruption case, was accepted, Dr. Gill said the law was ``clear'' on the issue.

``In this case Section 8(4) of the Representation of the People Act makes a distinction for MPs and MLAs. It says that conviction against an MP or an MLA gets postponed for three months from the date of the trial court order and once he files an appeal, disqualification does not come into effect till disposal of the appeal,'' Dr. Gill told reporters here.

The CEC refused to get further drawn into answering queries regarding the controversy over the acceptance of Mr. Pillai's nomination and the rejection of the nomination of the AIADMK leader, Ms. Jayalalitha, in all the four constituencies in Tamil Nadu for the May 10 Assembly polls. Dr. Gill said that Section 8 of the RPA has been upheld by two separate orders of a Division Bench of the Madras High Court on April 20 and April 23.

``That is the law applying in Kerala and Tamil Nadu. The Election Commission is not meant to do the duty of the RO who happens to be a key functionary in the electoral set-up,'' he said. The Commission is facing a challenge in the Kerala High Court over Mr. Pillai's nomination.

``There is a notice to the Commission in this case. We shall file our response promptly. I can see the contradictions, but wait for our affidavit before Kerala High Court.'' Dr. Gill said the circular of August 28, 1997 was finalised after lengthy internal debates within the Commission and after going through all relevant judgments.

Send this article to Friends by E-Mail

Section  : Front Page
Previous : Musharraf following a 'fascist agenda': Benazir
Next     : Declining ODA, a worrying factor: Sinha