HC rejects plea to restrain declaration of results

A vacation bench comprising Justice S Vaidyanathan and Justice PT Usha dismissed the plea at the admission stage itself after holding that when this court posed a question as to whether the same persons are going to cast their votes, the petitioner’s counsel submitted that the persons casting their votes in the urban areas are different and the said factum was also affirmed by the government.

“It is also seen that a similar plea was taken before the Supreme Court. Though the petitioner has referred to Article 243 Q (Constitution of Municipalities) of the Indian Constitution, it nowhere prohibits the conduct of elections, more particularly in the light of the orders passed by the apex court,” the bench said.

It also pointed out that the Supreme Court, taking note of the notification dated December 2, 2019, regarding the local polls published in the TN gazette, did not deem it fit to put the declaration of results on hold. However, the bench granting liberty to the petitioner to challenge the result of the election being conducted if it is available to him under law also held “If at all the petitioner has got any grievance after declaration of the result, it is open to him to challenge the same and this court is of the considered view that it is too premature for the petitioner to approach this court seeking direction not to declare the result of the election.”

Meanwhile, the Madras High Court, on being satisfied that the Tamil Nadu State Election Commission (TNSEC) has initiated sufficient measures to have a fair and transparent counting, including CCTV cameras focusing on the ballot papers, closed a batch of 16 writ petitions seeking transparency in the counting process.

Justice V Parthiban, before whom the pleas moved on behalf of various political parties, uniformly raising certain apprehensions as to whether the counting scheduled to be held on January 02 would be held strictly as per the Tamil Nadu Panchayats (Election) Rules, 1995, said “This court trusts that all the officials who are involved in the counting process shall scrupulously follow the instructions issued through proceedings/circulars by the TNSEC and also the provisions of Part VI of panchayats election rules.”

Justice Parthiban, while closing the pleas, also recorded the TNSEC’s submission that the particular passage contained in the proceedings/circular dated 26.12.2019 to the effect that the cameras would not focus on ballot paper would be withdrawn.