Chennai: Taking serious view of inordinate delay in holding local body poll despite court order, Madras High Court on Tuesday warned State Election commissioner of facing contempt proceeding if it does not furnish the poll schedule by Monday.
Stating that the Election Commission should be declared as guilty of contempt, the Special Bench comprising Chief Justice Indira Banerjee and Justice M. Sundar, before which a contempt petition filed by DMK came up for hearing, has asked the SEC — do you think that it is up to you to decide at what extent court orders can be implemented?
Angered over the failure on the part of SEC to hold the elections by November 17, 2017, the deadline fixed by the court, the special bench has directed the Commissioner of the State Election Commission to furnish the schedule for holding election to the local bodies by Monday (August 6).
R.S. Bharathi of DMK MP, in the contempt petition, sought action against the State Election Commissioner Malik Feroz Khan and Rajasekhar Secretary, Tamil Nadu State Election Commission for not obeying the order of the First Bench where it directed them to conduct the local body elections by November 17, 2017. On September 4, 2017 the First Bench had directed the SEC to issue the notification for the polls on September 18 and complete the entire process by November 17, 2017.
When the matter was taken up by the special bench on Tuesday morning, the bench asked Nedunchezhian, counsel for SEC and Senior Counsel P. Wilson appeared for the contempt petitioner, about the position of the case pending before Supreme Court in connection with the local body polls.
Wilson submitted that the case before the Supreme Court has nothing to do with the case, which was already decided by the First Bench. The Supreme Court itself permitted to go ahead with the order of the High Court and only the matter regarding to de-limitation pending before the Supreme Court, which is a larger question.
The Chief Justice said “There is no SLP or appeal and mere pending is not a stay.” When the counsel for SEC submitted that de-limitation process has been going on, the bench said, “We have clearly mentioned in the order that the election shall be conducted based on 2001 census. As per your submissions before the Supreme Court, even the present delimitation process should have completed by January 2018.”
When the bench insisted for furnishing poll schedule in 10 minutes, the counsel for SEC has sought time till afternoon (2.15 pm). Annoyed over this, the CJ observed that this special bench cannot sit for five times for this case and you should have come with the schedule by this time.
Seeking short time, the SEC counsel submitted that he would come out with a time schedule by Monday.
While vehemently arguing for initiating contempt proceeding against the officials, Wilson said that because of the non-implementation of the HC order Rs 4,000 crore, which is due to local bodies in the state from the Centre, going waste. He said “Your Lordships can send him to jail.” The bench posted the matter for submission of election schedule by Monday.
TN co-op election commission: Results to be out tomorrow
The Tamil Nadu State Co-operatives Election Commission on Tuesday stated that election results for presidents and vice presidents of second grade co-operative bodies will be announced on August 2.
In a press release issued by Co-operatives Election Commission said that election results for governing members of third and fourth grade will also be announced on August 2.
“However, elections for presidents and vice presidents of third and fourth grade co-operative societies will be conducted on August 6,” read the release.
Election Commission has said that it will announce election schedule for polling, which was earlier stopped, postponed and rescinded in many areas, it said.
Stating that the Election Commission has instructed district level election officers to take necessary measures to conduct elections properly, the release noted that such election officers are also informed to announce results immediately after elections.
Madras High Court on Tuesday lifted the ban on counting, which was stopped and announcement of results. The Court also passed ruling that the state co-operative election commission can announce election results, the release stated.
It may be noted that the election commission planned to conduct polling in five phases from March 12 to May 7, 2018 for four grades of co-operative socities. However, Madurai Bench of Madras High Court stopped the elections on April 4 owing to various malpractices. However, a petition was filed in the apex court, which lifted High Court ban and ordered to conduct elections except vote counting and announcement of results in some cases.
