Local body polls stay cancelled, model code off

In another setback for the State Election Commission (SEC) in putting the local body elections back on track, the Madras High Court on Thursday refused to stay the single judge’s order, which had quashed the election notification. It had also directed the issue of a fresh notification to complete the election process before December 31.

By :  migrator
Update: 2016-10-06 18:10 GMT
Madras High Court

Chennai

When the appeal moved by the SEC came up for hearing before Justice Huluvadi G Ramesh and Justice V Partiban, the bench held that with the chain of events pertaining to the local body elections already broken, and with the SEC also keeping the election process in abeyance, no purpose would be served by staying the single judge’s order.

The bench also noted that a fresh notification needs to be issued. “Let us dispose of the matter once and for all,” the bench said and adjourned the case to October 18. 

Earlier, when the bench asked SEC’s senior counsel B Kumar as to what was the immediate prayer in the appeal, he said that SEC’s election notification had been set aside by the single judge saying it was not in compliance with Rule 24 of Tamil Nadu Panchayats (Elections) Rules. The single judge’s finding that there should be two notifications and that there should be a time gap between the two, has been challenged, he said.

However, senior advocate P Wilson, appearing for DMK, which had originally filed the petition citing irregularity in the poll notification, said the SEC itself had kept the notification in abeyance on Wednesday. He also noted that the chain of poll process started with the notifications. SEC in its appeal had said that the single judge order setting aside the September 26 civic poll notification had resulted in grave miscarriage of justice. The SEC has cancelled with immediate effect the model code of conduct for local body polls following HC cancelling the polls, according to State Election Commissioner P. Sethuraman.

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