Peition against SEC unsustainable, says counter

Chennai, Feb 21 (UNI) The petition seeking to restrain D Chandrasekaran from functioning as State Election Commissioner was not maintainable and grant of the prayer was beyond the jurisdiction of this court and so was liable to be dismissed, the SEC stated in a counter affidavit filed before Madras High Court.

Mr S Thangamani, Secretary, Tamil Nadu Election Commission filed the counter on behalf of the SEC represented by D Chandrasekaran, State Election Commissioner, to the petition filed by AIADMK Fisheries Wing Secretary and former MLA D Jayakumar.

Mr Jayakumar also sought the appointment of a retired judge of the Supreme Court, a retired Chief Justice or High Court Judge to supervise the election to be conducted by the SEC.

On the request of Special Government Pleader Elango, a Division Bench comprising Chief Justice A P Shah and Mr Justice K Chandru adjourned to February 23 further hearing of the petition.

In his counter, Mr Thangamani denied all the averments and allegations as incorrect, baseless and unsustainable.

Mr Chandrasekaran was a constitutional functionary. Therefore, he could only be removed as contemplated under Article 234-K (2) of the Constitution.

On the interim prayer, it was submitted the Constitution did not provide for appointing a retired Supreme Court Judge or retired Chief Justice of any High Court or a retired High Court Judge to supervise elections to be conducted by the SEC, Mr Thangamani added.

He said though Mr Chandrasekaran's wife and PWD Minister Duraimurugan's wife were sisters the relationship had nothing to do with his appointment as SEC. On the allegation that the SEC was a DMK cardholder, it was submitted this was a baseless and unsustainable allegation that was politically motivated.

UNI