Madras high court upholds cancellation of Vellore LS poll by Election Commission
Chennai: The Madras high court has upheld the order of the Election Commission of India, cancelling the Lok Sabha poll in Vellore Constituency, which was scheduled to be held on April 18, 2019.
A division bench comprising Justices S. Manikumar and Subramonium Prasad dismissed the petitions filed by A.C. Shanmugam, a candidate contesting in the 17th Lok Sabha elections from the Vellore Parliamentary Constituency in Tamil Nadu, as a candidate representing the AIADMK party and another independent candidate K. Sugumar, challenging the notification cancelling the election to the Vellore Parliamentary constituency.
The Central government had on April 16 issued a notification, rescinding the Lok Sabha poll, stating that the Election Commission was fully satisfied that the current electoral process in Vellore has been seriously vitiated on account of unlawful activities on behalf of the candidate, Kathir Anand (DMK party), and some members/workers of the political party in question.
“In the commission's considered opinion, allowing the current electoral process to proceed and conducting the poll in the constituency on April 18 as scheduled, in such a vitiated atmosphere would have severely jeopardized the conduct of free and fair election in the Vellore Parliamentary Constituency,” the notification had added.
Contending that the election commission's proceedings clearly impose a disproportionate penalty by disqualifying all candidates for the wrongs ostensibly committed by one candidate, A.C. Shanmugam and Sugumar filed the present petitions.
Dismissing the petitions, the bench said the decision was taken by the election commission after going through various reports of the income tax and other authorities.
“The Election Commission which has power to issue notification for conducting the election, also have the power to recommend for the cancellation, if it feels that it is necessary to cancel the election,” the Bench added.
Earlier, Senior counsels Satish Parasaran and A.R.L. Sunderesan, appearing for Shanmugam and Sugumar respectively submitted that the statutory mechanism envisages only the disqualification of a candidate for the commission of such corrupt practices. The notification seeks to penalize all candidates for the alleged violation of law by one candidate.
The said act was patently disproportionate in so far as the desired effect of remedying the corrupt practice can be achieved by disqualifying just the candidate concerned. As such, the notification contravenes Article 14 of the Constitution. The notification also occasions grave losses to the public exchequer, directly and indirectly, in so far as the amounts expended towards the conduct of the election as well as the time devoted by several government functionaries to carry out the same has been rendered worthless by the notification. Moreover the President has no power to issue such notification rescinding the election, they added.
Niranjan Rajagopal, counsel for Election Commission of India, submitted that because of money power the environment was not conducive to conduct the poll. The special expenditure observer filed a report stating that the searches had unearthed a systematic design to influence voters through inducements and that such activities come under the ambit of corrupt practices. The report of the special expenditure observer was adverse.
The CEO also filed a report stating the seizure of cash along with evidence. Therefore, there were reliable materials to come to the conclusion that the environment was vitiated to cancel the election, he added.
He said it was not as to how many candidates indulged in such activities. It was the environment, which has to be taken into account. The election commission felt that the environment was not conducive to conduct the poll.
When possession of huge cash and likelihood of distribution of money comes to the knowledge of the election commission, it cannot be a mute spectator. It has to exercise its constitutional duty to ensure free and fair poll, he added.
