'Order can't be challenged during polls'

By K. C. Gopakumar

KOCHI, MAY 2. A Division Bench of the Kerala High Court was told by the Chief Electoral Officer, Mr. P. J. Thomas, that any matter which had the effect of challenging the electoral process could be brought up only after the election was over.

In an affidavit filed in response to a writ petition seeking a direction to the Chief Election Commission to disqualify Mr. R. Balakrishna Pillai, a sitting MLA, the Electoral Officer said the constitutionality of Section (4) of the Representation of the People Act, 1951, had been challenged in the petition without impleading the Union of India as a respondent.

The affidavit pointed out that the rejection or acceptance of a nomination paper was not liable to be called in question under Article 226 (writ jurisdiction of the High Court).

It had been pointed out that Article 329(b) of the Constitution and Section 50 of the Representation of the People Act clearly excluded the jurisdiction of the High Court from dealing with any matter which might arise while elections were in progress. Since the election process had been set in motion, the court could not interfere with the same.

The writ petition will be taken up after the vacation.

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