SC to hear appeal against TN HC judgment on Chennai EC

New Delhi, Feb 21 (UNI) The Supreme Court will hear on March 2 an appeal filed by the Tamil Nadu state Election Commission, challenging the Madras High Court Judgment passing strictures against state Election Commissioner D Chandrasekaran for not conducting free and fair Chennai Municipal Corporation elections in October 2006.

The matter was mentioned this afternoon before a bench comprising Chief Justice K G Balakrishnan and Justice R V Raveendran.

The elections were marred by widespread violence and the AIADMK had challenged the polls held to 155 wards of the Chennai Municipal Corporation.

There was a difference of opinion between two High Court Judges on the issue of fairness of elections and the issue was referred to a third Judge on January 12.

The third Judge in his judgment on February 16, concurred with the Judge who had declared the elections null and void, following which 98 DMK and Congress Corporators resigned.

The re-polling was held on February 18 and the results were declared yesterday and the majority of candidates, who had resigned, were re-elected.

Mr Chandrasekaran in his petition contended that the High Court has committed an error by entertaining a writ petition under Article 226 of the Constitution and the proper course would have been to direct the petitioner to challenge the elections through an election petition under the representation of the Peoples' Act.

According to the petitioner, observations made by the High Court against the State Election Commissioner were totally ''unwarranted and uncalled for''.

Praying for an interim stay against the High Court judgment, the petitioner has also sought setting aside the impugned judgment as the Article 243-ZG of the Constitution makes it mandatory that the elections to the local body as well as to Parliament and the Assembly can be challenged only by way of an election petition.

UNI