SEC failed to discharge duties on Corpn poll day: HC

Chennai, Feb 16 (UNI) Madras High Court today observed that the State Election Commission (SEC) had failed to discharge its Constitutional obligations in as much as it never made any worthwhile attempt to find out whether the civic poll held on October 13 was indeed a free and fair election or a mere charade.

Mr Justice P K Misra, who was nominated as a third judge to hear a batch of petitions afresh, since a split verdict was delivered by a Division Bench, made the above observation while disposing of the petitions.

In his order, the judge observed that the SEC could have and rather should have embarked upon inquiry when confronted with so many newspaper reports/photographs highlighting the poll-related violence on the fateful day.

''May be the Election Commission was following the policy of read no evil, see no evil, hear no evil and speak no evil. It was very difficult to either understand or appreciate such sphinx like silence or an ostrich in the sand attitude. I have no hesitation in coming to a conclusion in agreement with the observations made by Mr Justice Ibrahim Kalifullah'', the judge added.

The judge said almost all the newspapers had highlighted the extraordinary situation. On the face of it, such materials could not have been wished away by the concerned authorities such as Election Commissioner or the police officials as mere sporadic incidents.

''From the materials produced before the court, it cannot be said that there was merely a mild tremor in the words of the SEC, but in reality it can be described as unleashing of tsunami. One does not have to descend from heaven to conclude that all was not well during polling and what was unleashed on the fateful day was indeed hell on earth so to say,'' the judge added.

UNI