CHENNAI: The Madras HC on Friday brushed aside three PILs that demanded alternate of polling dates in Tamil Nadu and Puducherry or shifting of greater than 2,000 polling booths situated on Church premises over religious occasions comparable to Chithirai competition in Madurai and Maundy Thursday to be observed by Christians on April 18.
Relying on a catena of Supreme Court judgments, a division bench of Justice S Manikumar and Justice Subramonium Prasad said that it's neatly settled that the writ court docket will have to now not ordinarily, aside from in rarest of rare cases, interfere with the schedule fixed by the EC whilst exercising its jurisdiction under Article 226 of the Constitution.
Duty of every citizen to cooperate in election procedure: Madras top court docket
“The apex court docket has made it transparent that Article 324(1) is a plenary provision vesting the entire responsibility of national and state elections at the Election Commission of India (ECI)… the fee has to comprehend the method of election in the entire country, whilst conducting the elections for the parliament. It has to take into account the collection of booths, motion of para-military forces all through the country and several other other elements. Once the election schedule is fixed, it will have to now not be interfered with, except some tournament happens, which used to be now not within the contemplation of the election fee,” the judges said.
The bench additional added that the ECI had defined the stairs taken for the graceful and unfastened elections, being attentive to the difficulties, possibly felt by the petitioners and given directions to the district election officials to consider the representations, if any made, and to redress the same. “Since the polling is fixed on Maundy Thursday, it's anticipated that the ECI will take ok steps to be sure that people are allowed to wish within the church buildings, which can be situated adjoining to the polling booths, without any hindrance. It could also be the duty of every citizen to cooperate within the election procedure,” the judges said.
On its phase,the election fee also strongly adverse the pleas pronouncing incidence of a religious competition or season used to be annual and not unusual in our country and solely on the ones grounds, elections could now not be shifted.
“It is pertinent to mention that,even fairs like Ramzan, Good Friday, and Mahavir Jayanthi occur right through election season and the clicking note announcing the elections have specifically discussed that, the schedule has been drawn after bearing in mind this facet also,” Satyabrata Sahoo, state chief electoral officer said.
The pleas have been moved by Antony Pappusamy, archbishop and president of Tamil Nadu Bishop’s Council, Madurai, S Inigo Irudayaraj, managing trustee of Christuva Nallenna Iyakkam in St Thomas Mount, and suggest S Parthasarathy of Madurai.
Relying on a catena of Supreme Court judgments, a division bench of Justice S Manikumar and Justice Subramonium Prasad said that it's neatly settled that the writ court docket will have to now not ordinarily, aside from in rarest of rare cases, interfere with the schedule fixed by the EC whilst exercising its jurisdiction under Article 226 of the Constitution.
Duty of every citizen to cooperate in election procedure: Madras top court docket
“The apex court docket has made it transparent that Article 324(1) is a plenary provision vesting the entire responsibility of national and state elections at the Election Commission of India (ECI)… the fee has to comprehend the method of election in the entire country, whilst conducting the elections for the parliament. It has to take into account the collection of booths, motion of para-military forces all through the country and several other other elements. Once the election schedule is fixed, it will have to now not be interfered with, except some tournament happens, which used to be now not within the contemplation of the election fee,” the judges said.
The bench additional added that the ECI had defined the stairs taken for the graceful and unfastened elections, being attentive to the difficulties, possibly felt by the petitioners and given directions to the district election officials to consider the representations, if any made, and to redress the same. “Since the polling is fixed on Maundy Thursday, it's anticipated that the ECI will take ok steps to be sure that people are allowed to wish within the church buildings, which can be situated adjoining to the polling booths, without any hindrance. It could also be the duty of every citizen to cooperate within the election procedure,” the judges said.
On its phase,the election fee also strongly adverse the pleas pronouncing incidence of a religious competition or season used to be annual and not unusual in our country and solely on the ones grounds, elections could now not be shifted.
“It is pertinent to mention that,even fairs like Ramzan, Good Friday, and Mahavir Jayanthi occur right through election season and the clicking note announcing the elections have specifically discussed that, the schedule has been drawn after bearing in mind this facet also,” Satyabrata Sahoo, state chief electoral officer said.
The pleas have been moved by Antony Pappusamy, archbishop and president of Tamil Nadu Bishop’s Council, Madurai, S Inigo Irudayaraj, managing trustee of Christuva Nallenna Iyakkam in St Thomas Mount, and suggest S Parthasarathy of Madurai.
Can’t change polling dates, booths: Madras HC
![Can’t change polling dates, booths: Madras HC]()
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March 23, 2019
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