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Delhi HC reserves order on DMK plea for deferring poll in Andipatti
The Delhi High Court reserved its order on a petition for deferring the Anadipatti by-poll where AIADMK supremo J Jayalalithaa is contesting even as the Election Commission (EC) said it is helpless to correct the electoral rolls once the notification is issued.
The Delhi High Court reserved its order on a petition for deferring the Anadipatti by-poll where AIADMK supremo J Jayalalithaa is contesting even as the Election Commission (EC) said it is helpless to correct the electoral rolls once the notification is issued.
Election Commission is helpless at this stage to correct the electoral rolls, its counsel S K Mendiratta told justice Manmohan Sarin, who reserved judgement on DMK candidate Vaigai Sekar's writ petition seeking deferring of the election alleging that 17,000 bogus voters had been included in the rolls.
While senior advocate K K Venugopal, appearing for Jayalalithaa, and the EC counsel said between notification and declaration of result, courts are prohibited from intervening in the poll process under article 329 of the constitution, Sekar's counsel P N Lekhi contended that the bar does not extend to the revision of the electoral rolls.
Reiterating that the sample survey by the EC about the alleged bogus voters in Andipatti was not done seriously, Lekhi said the commission cannot take shelter under article 329 as the Supreme Court's Constitution bench has laid down a clear law that preparation of electoral roll is out of the purview of the article.
However, the EC counsel and Venugopal cited another apex court ruling that once nomination papers of a candidate are accepted by the electoral officer, courts have no power to issue any direction to stop the poll process.
Bureau Report
While senior advocate K K Venugopal, appearing for Jayalalithaa, and the EC counsel said between notification and declaration of result, courts are prohibited from intervening in the poll process under article 329 of the constitution, Sekar's counsel P N Lekhi contended that the bar does not extend to the revision of the electoral rolls.
Reiterating that the sample survey by the EC about the alleged bogus voters in Andipatti was not done seriously, Lekhi said the commission cannot take shelter under article 329 as the Supreme Court's Constitution bench has laid down a clear law that preparation of electoral roll is out of the purview of the article.
However, the EC counsel and Venugopal cited another apex court ruling that once nomination papers of a candidate are accepted by the electoral officer, courts have no power to issue any direction to stop the poll process.
Bureau Report