Not obligated to conduct elections as per Congress’s instructions says EC in Supreme Court
New Delhi, Sep 19: The Election Commission of India has told the Supreme Court that it is not obliged to conduct elections in the country in a manner desired by the Congress or its leaders.
While opposing a petition filed by Congress leader, Kamal Nath, the EC said it is a constitutional body which has to function according to the rules and laws and not in tandem with the instructions of a political party.
The petitioner does not have the jurisdiction to question the measures taken by the EC. The affidavit filed by the ECI states, "it is not within the jurisdiction or domain of the petitioner and/or his party/organization to question the measures taken by the Election Commission of India with regard to the aforementioned issues."
It stated that Kamal Nath and "the political party to which he stands affiliated" cannot approach the Supreme Court time and again so as to re-agitate the same issue and interfere in the functioning of a Constitutional authority such as the Election Commission.
The EC also said, "Kamal Nath and his party "cannot seek to instruct or direct the Election Commission of India to conduct elections (including implementation of VVPAT) in a particular manner."
The petition is misconceived and malafide as he is seeking to instruct EC to conduct elections according to his personal whims and fancies and that of the political party to which he stands affiliated.
"EC cannot be compelled to accept all suggestions made by the Petitioner and the political party/organization to which he is affiliated," said the affidavit, requesting the court to dismiss the petition along with a monetary penalty."
"The apprehension of the petitioner about mass shortage is wholly misplaced, unjustified and unwarranted... allegation that VVPAT machines malfunction by casting votes in favour of one particular party is utterly false and fictitious, and is strenuously denied," the affidavit also stated.