Candidates` health certificates: File affidavit, says HC to TN

Chennai: The Madras High Court Tuesday directed the Tamil Nadu Government to file an affidavit on making a law in connection with submission of health certificates of candidates who contest local body elections.

Justice N Kirubakaran gave the direction when a petition filed by one S V Subbaiah of Coimbatore district came up before him.

The petitioner submitted that the State Election Commission (SEC) was seeking details of the wealth and criminal antecedents of candidates contesting local body polls despite not having power to do so and sought to know what prevented it from calling for Medical certificates on the health condition of candidates.

Stating that a voter has a right to know about the health condition of a candidate whom he likes to elect, Subbaiah submitted that the privacy clause on the health condition cannot be claimed when a person intends to contest elections.

In this context, he referred to a Supreme Court Judgement which upheld the disqualification of a candidate in Odisha as he had leprosy.

SEC submitted there was no statute in this regard, after which Justice Kirubakaran told the Government Pleader that the Tamil Nadu Government has to make a law to make it mandatory for a candidate to submit medical certificates.

He then adjourned the matter to December 2 and directed the SEC and the state government to file their replies.

On November 18, the Court had suo motu impleaded the Centre and Election Commission as respondents on a petition by Subbaiah, seeking a direction to election authorities to call for medical reports of the candidates contesting local body polls to enable voters know their health status.

The court had orally observed that the same cannot be confined to local body polls alone as it was essential in the case of legislative assembly and parliamentary elections as well and had directed petitioner's counsel to implead the Centre and EC.