Plea challenging cancellation of Vellore LS poll dismissed

The polling in Vellore was cancelled based on huge cash seizure amid allegations of rampant cash for vote. 

A division bench of Justices S Manikumar and Subramonium Prasad dismissed the pleas moved by the Vellore Constituency AIADMK-led alliance candidate AC Shanmugham and an independent candidate K Sugumar against the cancellation of the election, slated to be held on Thursday.

The bench also noted that the Election Commission’s report rescinding the election has been backed by reports from both the Income Tax as well as the Election Expenditure Observer and Zonal Election Observer.

Also citing various Supreme Court orders, the bench set aside the contention of the petitioners that the Election Commission can countermand elections only based on law and order and natural disasters.

Shanmugam had contended that the Constitution does not envisage any power to the President to countermand an election in the given circumstances. While Article 324 of the Constitution vests the power of general superintendence and control over elections with the Election Commission, no such powers are vested with the President following the announcement of the elections.

His counsel Satish Parasaran submitted that as per the available provisions the appropriate remedy in cases of corrupt practices is disqualifying the concerned candidate and not to countermand the election.

The provisions clearly evince that the legislature in its wisdom has envisaged countermanding or adjournment of elections only in such cases as law and order violations and natural disasters, he said.

While the incidence of corrupt practices has been recognised and remedied under Section 8A of the Representation of the People Act, the same excludes it as a ground for countermanding or adjournment under these provisions and the statutory remedy in such cases is the disqualification of the candidate and not the cancellation of an election itself, the senior counsel argued.

President Ram Nath Kovind had rescinded the notification to hold election to the seat based on an EC recommendation after cash to the tune of Rs 11 crore, allegedly linked to DMK candidate Kathir Anand, was seized by the Income Tax Department on the night of March 29-30.