The Hindu : DMK plea on Andipatti fails

Online edition of India's National Newspaper
Thursday, Feb 21, 2002

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DMK plea on Andipatti fails

By J. Venkatesan

NEW DELHI FEB. 20. The Delhi High Court today observed that the democratic process, whether for the entire Assembly or for a particular constituency, should not be thwarted or permitted to be derailed on the basis of "what may be termed as political opportunism or expediency''.

Dismissing a writ petition filed by the DMK candidate, `Vaigai' Sekar, Justice Manmohan Sarin agreed with the Election Commission's contention that by postponing the polls, the aspirations of the people of Andipatti to send their representative to the Assembly would get defeated.

The Judge, however, gave liberty to the petitioner to file an election petition after the declaration of results if he felt that the electoral rolls in question had materially affected the election result.

Mr. Sarin observed that it was very likely that different political parties, based on their own assessment of their election prospects, might seek either to go through or defer elections. For this purpose, they would resort to complaining that electoral rolls were not properly prepared. Unless a clear cut case was made out that there had been a mala fide or arbitrary exercise of power by the Election Commission, the court had no jurisdiction to issue a directive as it was barred under Article 329 (b) of the Constitution (prohibiting interference by courts once poll process commenced). Referring to the postponement of the polls in Saidapet and Vaniyambadi constituencies, the Judge said this was done after the commission found that there was some basis with regard to the complaints of illegal additions to the voters' lists.

He also agreed with the commission's contention that postponement of elections to two constituencies and allowing polls in Andipatti would go to show that there was no discrimination.

Referring to the complaint that 17,000 bogus votes had been included in the electoral rolls, the Judge pointed out that the commission had verified the complaints and had explained every aspect regarding redressal of the complaints.

He said he could not lose sight of the decision of a Division Bench of the Madras High Court, which had territorial jurisdiction to Andipatti constituency, dismissing a similar writ petition, as it had persuasive value.

Our stand vindicated: EC

Reacting to the judgment, the commission's Secretary, K.J. Rao, told presspersons that "our stand, that complaints regarding electoral rolls has no basis, has been vindicated''.

He said the court had dismissed the petition both on merit and on law. All complaints regarding bogus votes were verified and written statements obtained from each voter whose name had been included, he added.

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DMK plea on Andipatti fails