HC asks for fresh notice on plea seeking to declare Jaya's election void

Chennai: The Madras High Court on Tuesday directed the court registry to serve a fresh notice to the Tamil Nadu Chief Electoral Officer on a plea by an independent who unsuccessfully fought the May 16 Assembly polls from R K Nagar, from where Chief Minister J Jayalalithaa won, seeking to declare the poll "null and void".

Petitioner G Pravina had moved the High Court on August 18 challenging Jayalalithaa's election, following which the court had ordered issue of notice to the CEO.

Pravina on Tuesday submitted that the notice was yet to be served to the CEO, following which the court ordered issue of fresh notice.

When she sought a direction to adjourn the matter till the ailing Chief Minister recovered, Jayalalithaa's counsel submitted that there was no need for it as he represents her.

Pravina contented that that her right to equality under Article 14 of the Constitution was infringed upon as the Election Commission had not acted on her complaints and sought a direction to hold a fresh poll in R K Nagar.

She submitted that the constituency's Returning Officer had not even permitted her to go for campaigning, including using vehicles for the purpose.

Pravina said she had submitted a complaint to the Election authorities on May 15 against "not giving permission for campaigning", but no action was taken.

She had made a telephone call to Chief Election Commissioner Nasim Zaidi, who even after assuring action, had "not acted" on her complaint wherein she had sought either countermanding or postponement of the polls, she charged.

She claimed that the vehicles used by her were detained at "gunpoint" by police.

Also, the pot symbol allotted to her was not as per the specification of ECI, she contended.

The Judge directed issue of a fresh notice to the CEO and posted the matter for further hearing to November 29.