The ECI said the Governor's reliance on the Haryana case judgment was 'misplaced'

TN Governors recommendation on repolls gets flak from ECI
news TN 2016 Sunday, May 29, 2016 - 11:28

Governor K. Rosaiah’s recommendation to the Election Commission of India to conduct polls for Aravakurichi and Thanjavur constituencies preferably before June 1, has not gone down well with the ECI, resulting in a clash of opinions between the Constitutional authorities.

Giving its interpretation to various judgments of the apex court cited by the Governor in his recommendation, the Commission said Section 153 of the Representation of the People Act (RPA), 1951, does “not prescribe an outer limit for the completion of election.” It also termed the Governor’s reliance on the judgment in the Election Commission of India Vs. State of Haryana (AIR 1984 SC 1406) as “misplaced”.

The Hindu reports that the full Commission’s proceedings, signed by Chief Election Commissioner Nasim Zaidi and both Election Commissioners A.K. Joti and O.P. Rawat, referred to certain “settled law positions” and stated, “the Commission, is with due respect constrained to observe that the Governor should have avoided writing to the Commission..”

The ECI also contended neither the RPA nor any other law required that the Election Commission should consult the Governor before making any changes in the election calendar set by the Commission.

As for the Governor’s observation that postponement of polls in these two constituencies would deprive members-to-be elected to vote in the Rajya Sabha polls, the Commission said it was an “extraneous consideration” as members elected in polls that were not free and fair, “would not be true representatives of the electors of these constituencies.

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