SEC tells ROs to issue written orders

The order comes in response to a recent judgment by Madurai Bench of the Madras High Court which heard a petitioner who has denied written explanation on why his nomination was rejected by the returning officer.

By :  migrator
Update: 2019-01-07 23:29 GMT
File photo of the Tamil Nadu State Election Commission

Chennai

To bring in more transparency and to avert legal proceedings, the State Election on Monday Commission passed orders under which the returning officers should provide acknowledgement and written order either rejecting or accepting the objections to the candidates or their proposers or their authorised representatives while making written objections at the time of scrutiny of nomination papers in the local body elections. 

A copy of the GO read, “the superintendence, direction and control of all elections to the Panchayats and Municipalities in the state are vested with the Tamil Nadu State Election Commission as per Article 243-K and 243-ZA of the Constitution of India.Whereas the Madurai Bench of Madras High Court in its judgment, dated 1-8-2017 (pronounced on 15-12-2017) in WP (MD) No.2172 of 2017 has issued direction to the first respondent, Tamil Nadu State Election Commission to include the provision in the concerned assistant returning Officer, returning officer’s guide and in the candidate’s guide so as to make it mandatory while registering the dismissal of nominations.

There is no provision mandating that when an objection is raised it must be acknowledged in writing. If no acknowledgement is issued by the returning officer, one would be left without any means of verifying later when the issue comes up and this GO will make the returning officers accountable in case of nominations being rejected, explained a senior official.

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