MHC refused to set aside the Coimbatore Corp election
The election commission has filed FIRs in respect of the incidents that have come to light; they recovered cash, liquor bottles and have taken steps, said the bench.
Madras High Court (File)
CHENNAI: The Madras High Court refused to set aside the Coimbatore corporation election which was held in 2022.
The court also said that it would not be possible, in view of the constitutional bar engrafted under Article 243ZG.
While disposing of the petition the first of the Madras High Court comprising Chief Justice SV Gangapurwala and PD Audikesavalu observed that, Article 243ZG of the Constitution provides that no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the legislature of the State.
In the present case, the election commission has filed an affidavit about the steps undertaken by it, if some cash is found, that itself would not indicate that each and every candidate was involved in corrupt practices, observed the bench.
The election commission has filed FIRs in respect of the incidents that have come to light; they recovered cash, liquor bottles and have taken steps, said the bench.
Any voter has a right to file the election petition against the candidate who has indulged in corrupt practice, however in view of the constitutional bar engrafted under Article 243ZG, it would not be possible to set aside the entire elections, observed the bench.
V Easwaran represents Marumalarchi Makkal Iyakkam, Kovai moved the MHC to direct the State election commission to cancel the election held for Coimbatore corporation in 2022 and form a committee headed by MHC Justice, to probe the incidents of rampant distribution of cash to voters.
During the elections held for councilors of Coimbatore Corporation on February 19,.2022, rampant malpractices took place, said the petitioner. It was found that the candidates and their agents were intensively taking steps to give bribes to voters in the form of cash, goods, or services with the intent to get their due amount in political horse-trading while electing the Mayor and Deputy Mayor, added the petition. Section 123 of the Representation of People Act, 1951 prohibits such corrupt practices, contended the petitioner.
However, the bench disposed of the petition, stating that it would not be possible to accede to the request of the petitioner.