Chennai: The Madras high court has dismissed a public interest litigation, which sought a direction to the Election Commission of India to reschedule the polling date, which is scheduled on April 18 in Tamil Nadu and Puducherry or in the alternative to shift the election booths to any other premises convenient for the government and public, other than the schools run by the Christian community since the election date falls on Maundy Thursday and within the ‘Three Holy Days’ or the “Holy Triduum” of utmost religious important for Christians and essential for Christian faith.
A division bench comprising Justices S. Manikumar and Subramonium Prasad dismissed the PIL filed by Most Rev. Dr. Antony Pappusamy, Archbishop and President, Tamil Nadu Bishop’s council.
The bench also dismissed another PIL filed by S. Inigo Irudayaraj, which sought a direction to the Tamil Nadu State Election Commission to change the election date in the state of Tamil Nadu and Puducherry from April 18 to any other date.
The bench said once the election schedule was fixed, it should not be interfered with, unless some event occurs, which was not in the contemplation of the election commission. It was well settled that the writ court should not ordinarily except in rarest of rare cases, interfere with the schedule fixed by the Election Commission of India, while exercising its jurisdiction, under Article 226 of the Constitution of India, the bench added.
The bench said Election Commission of India, in the detailed counter affidavit, has explained the steps taken for the smooth and free elections, taking note of the difficulties, presumably felt by the petitioners and given instructions to the District Election Officers to consider the representations, if any made, and to redress the same. “Since the polling is fixed on Maundy Thursday, it is expected that the Election Commission will take adequate steps to ensure that people are allowed to pray in the churches, which are situated adjacent to the polling booths, without any hindrance. It is also the duty of every citizen to co-operate in the election process”, the bench added and dismissed the petitions.
