Ensure purity of Local Body Elections, respond to AIADMK suggestions: Madras High Court to SEC

The Madras High Court on Friday called on the State Election Commission (SEC) to respond to various suggestions made by the All India Dravida Munnetra Kazhagam (AIADMK) party to ensure the purity of local body elections slated to be held on October 6 for nine districts in Tamil Nadu. (AIADMK v. Tamil Nadu State Election Commission and anr).A Bench of Chief Justice Sanjib Banerjee and Justice P Audikesavalu was informed by Senior Advocate Vijay Narayan (for AIADMK) that the High Court was moved after the SEC failed to respond to a representation containing the AIADMK's suggestions. .The suggestions include the appointment of observers from other States or the Central government, the posting of CRPF and CISF near election strong rooms, and the use of CCTV cameras to monitor storage, counting, declaration of results etc. .The present plan to appoint one IAS officer as an observed for one district is insufficient, Senior Advocate Vijayan argued. He added that the AIADMK has only sought measures similar to those already suggested by the High Court earlier. .Noting that the suggestions are coming from a major political party, that was in power until recently, the Court has asked the SEC to respond to the representation of the AIADMK by September 29. .Chief Justice Banerjee called on the SEC to ensure the free and fair elections and to makes sure that the choice of the voter is respected. "Do whatever necessary ...We will keep in pending, we will ask you to deal with representation in detail and to forward your reasoned decision within a week", the Chief Justice told the SEC counsel. ."We are not saying it should be done exactly as in the assembly elections, but whatever safety measures was there to ensure it was a fair process.. you must ensure the same things", the Chief Justice added..Whereas the SEC counsel began to submit that a three-tiered security system is in place, the Court reiterated that the SEC should respond to the AIADMK's representation. In its order, the Court said, "To the extent that the suggestions (by AIADMK) require the same measures to be taken by the State Election Commission as were taken in course of immediate previous local body elections, the State Election Commission should ensure that such measures are put in place.".The matter will be heard next on September 30. .On a related note, the Court today also heard a plea by the Puthiya Thamilagam Party challenging the SEC's rejection of its request for the allotment of the Television Symbol for the upcoming local body elections. (Puthiya Thamilagam Party v. The Chief Election Commissioner and ors).Appearing for the party, Senior Advocate NL Rajah informed that the TV symbol was earlier alloted to the party by the Election Commission of India (ECI) during the 2016 parliamentary elections and was not, thereafter, cancelled. .In view of this submission, the Court has now asked the SEC to reconsider its September 17 rejection and indicate its view by September 27, when the matter will be taken up at Madurai by the Bench presided over by the Chief Justice. Advocate Niranjan Rajagopalan took notice for the ECI whereas Advocate S Sivashanmugham appeared for the SEC..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.