HC orders notice to SEC

Chennai, Feb 3 (UNI) The Madras High Court today issued a notice to the State Election Commissioner, on a petition seeking to restrain him from functioning in his post.

A Division Bench comprising Chief Justice A P Shah and Justice K Chandru issued the notice, returnable by February 9, to State Election Commissioner D Chandrasekaran, on a petition filed by AIADMK MLA D Jeyakumar, who also sought appointment of a retired Supreme Court or High Court judge to monitor the elections to be conducted in the state.

The Bench had suggested the state government to express its view on the appointment of an independent observer in the last hearing.

Today, Government Pleader Raja Kalifullah submitted that since the State Election Commissioner was appointed by the Governor, his tenure will also be decided by the Governor. The present incumbent was appointed in June 2006 for a period of two years.

The conduct of elections vests with State Election Commission (SEC).

The state had no independent role, except providing all the needs required by the SEC. The state cannot interfere or supervise the elections. SEC alone can appoint observers. Ten IAS officers have been appointed as observers. Unlike the last time when half of the state went to the polls only 100 went to the polls time. To ensure free and fair polls, necessary police protection and all services required by SEC will be provided, he submitted.

When the Bench raised a query with regard to source of information pertaining to the allegation that Mr Chandrasekaran was affiliated to DMK during his studies and was a co-brother of a minister, Mr N Jyothi appearing for the petitioner, submitted that when there was a unseen violence during October 13 polls, Mr Chandrasekaran kept quiet. This made us to enquire into his personal details. If it was wrong, let him come and deny.

The question arising in this petition was whether he can continue as the State Election Commissioner not. Since he has one and half years more of his tenure, and many more elections would come, this petition was filed to restrain him from functioning as State Election Commissioner, Mr Jyothi added and insisted on an interim order.

However, the Bench declined to pass any interim order.

UNI