Chennai: The Election Commission of India on Monday informed the Madras high court that the Supreme Court has referred to the Constitutional Bench the larger issue as to whether disqualification from membership can be laid down by the court.
Additional solicitor general G.Rajagopalan made his submission to this effect when a batch of petitions, challenging the nominations of AIADMK and DMK candidates for Aravakurichi and Thanjavur assembly constituencies came up for hearing before a division bench comprising Chief Justice Sanjay Kishan Kaul and Justice R.Mahadevan.
He said in a writ petition, the Supreme Court by an order dated March 8, 2016 has referred to the Constitutional Bench the large issue as to whether disqualification from membership can be laid down by the court beyond Article 102 (a) to (d) of the Constitution and the law made by the Parliament under Article 120 (c) of the Constitution.
He further submitted that in so far as the cancellation of earlier election was concerned, notices were issued to the two recognized parties in respect of the elections where incidents of attempt to bribe the voters by candidates resulted in the action. These notices were issued on May 19, 2016.
On a query from the Bench as to how much time would it take to conclude the proceedings, ASG sought time to obtain instruction and inform the court.
One of the petitioners counsel submitted that since the very same candidates have been nominated by the parties, the ECI should examine the question of suspension of the election symbol for the candidates. The bench adjourned to November 14, further hearing of the case.
