NE LEGAL BUREAU
CHENNAI, JAN 10
The Madras High Courte refused to accept the plea by the main opposition party Dravida Munnetra Kazhagam (DMK) urging to issue direction to the Tamil Nadu State Election Commission to videograph and audio-record the entire process of indirect election to chairperson and vice-chairperson posts in district panchayat councils and also the Panchayat Union Councils to ensure free and fair elections.
When the plea moved by R Girirajan, legal wing secretary of DMK, came up for hearing, R. Nedunchezhian, counsel for the election commission, contended that the plea moved as a PIL cannot be entertained. He further submitted that in respect of counting for election to the posts of chairperson and vice-chairperson to district panchayat councils and panchayat union councils, CCTV cameras would be put in place for the purpose of video recording only. Even during the election to the rural local bodies, no audio recording facility was provided, he added.
Recording the submissions, a division bench of Justice M Sathyanarayanan and Justice R Hemalatha said, “This court is of the considered opinion that since the petitioner himself is said to have been aggrieved by the alleged irregularities that took place in the recently concluded phase of the local body election, the relief cannot be sought through a PIL.”
The bench then directed the registry to list the petition before the roster judge for further hearing. According to the petitioner, the indirect election to the post of chairpersons and vice-chairpersons is scheduled to be held on January 11.
“During the counting of votes held on January 2, many irregularities, malpractices, misuse of power and illegalities were committed by the election officials in collusion with the ruling AIADMK and in various places, even after declaration of results in favour of DMK candidates, the results were illegally changed and subsequently AIADMK candidates were declared elected,” the party said.
A similar situation may arise in the forthcoming indirect election too. Therefore, to ensure transparency, besides CCTV camera recording, the entire election process should be videographed with audio recording which shall be preserved, the petitioner said. This apart, the petitioner wanted the court to direct the commission to ensure that except the returning officer, candidates and police, others were not allowed inside polling and counting rooms.
