It is for EC to decide, says HC

By Our Staff Reporter

CHENNAI, APRIL 23. ``The Election Commission is a high Constitutional functionary, the power vested is expected to be discharged reasonably, objectively and independently, and in accordance with law,'' the Madras High Court observed, while dismissing a public interest petition seeking a direction to the Election Commission to implement its 1997 circular on the disqualification of convicted persons.

``... mere apprehension of the petitioner that the Returning Officers will not perform their respective duties and decide the issue as per law, is uncalled for as everyone is expected to perform his duties only in accordance with the law,'' said the First Bench comprising the Chief Justice, Mr. N.K. Jain, and Mr. Justice K. Sampath.

The petition is filed by VOICE, who is not a voter or aggrieved person, the Bench said adding the court had decided not to interfere in the election process and dismissed three election- related petitions on Friday last.

Noting that it was not necessary to consider and decide the maintainability of the writ petition at this stage, the Bench said once the election process had started, the judicial remedy had to be postponed till after the elections.

``No doubt, in an appropriate case, this court can direct the authorities if there is any violation of fundamental right, or the issue involved touches the conscience of the court. But at the same time, public interest litigation cannot be used for publicity and political motivation,'' the Bench ruled.

The petition was filed by senior advocate, Mr. K. M. Vijayan, on behalf of the VOICE.

Meanwhile, the Bench dismissed another petition filed by one Ms. Ilavarasi Nagarani Sujatha seeking directions to the Election Commission on certain representations she had made regarding the former Chief Minister, Ms. Jayalalitha's eligibility to contest elections.

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