The Election Commission’s decision to not cling byelections to the assembly segments of Aravakurichi, Ottapidaram and Thirupparankundram along side the rest of the 18 vacant seats raises questions.
In the three seats, the petitioners, who had contested unsuccessfully towards the AIADMK applicants, had sought atmosphere aside of the elections of Senthil Balaji, R Sundararaj and A K Bose. None of the three is an MLA now. The first two were given disqualified under the anti-defection law and Bose died eight months in the past. There is no keep from any court on protecting byelections to these constituencies. But the EC has taken refuge under technicalities to defer these bypolls.
State chief electoral officer Satyabrata Sahoo disconnected the decision after initially coming on line when IdealNews contacted him to invite why the three seats were excluded.
The fee, generally, would now not take a chance and cling byelections in constituencies the place election-related circumstances are pending, stated former chief election commissioner N Gopalaswamy. “The EC would have sought prison opinion prior to suspending byelections in 3 segments. What if a month after the byelection is held, the court passes an order that adversely impacts the byelection? What if the candidate who has challenged the election of the MLA is said winner by the court? Though such circumstances are uncommon, they aren't unparalleled. The individuals who filed the circumstances should have withdrawn the circumstances (after two MLAs were given disqualified and one died),” stated Gopalaswamy. The Election Commission’s stand in this case is perverse, stated senior recommend K M Vijayan. “Notwithstanding the petitions filed by unsuccessful applicants (within the 3 segments) under Section 100 of the Representation of the People Act, the speaker of the assembly disqualified two MLAs as consistent with the provisions of the 10th Schedule. It used to be unsuccessfully challenged by the MLAs within the Madras high court and, extra importantly, they did not report an enchantment within the Supreme Court. When they've already been disqualified, these circumstances are mere formalities. The verdicts can not reverse the disqualification of the two MLAs under the 10th Schedule. Similarly, in the case of Thirupparankundram, after the demise of A K Bose, the seat has mechanically fallen vacant. It is atypical that the EC has failed to know this simple common sense,” stated Vijayan.
Going by the EC’s own common sense, if pending circumstances are a reason why for now not protecting byelections, it wishes to provide an explanation for on what basis it has ordered byelection to the Hosur assembly constituency. Former minister P Balakrishna Reddy, who were given disqualified after a distinct court sentenced him to a few years in prison in a 20-year-old rise up case, has filed an enchantment within the Supreme Court.
In the three seats, the petitioners, who had contested unsuccessfully towards the AIADMK applicants, had sought atmosphere aside of the elections of Senthil Balaji, R Sundararaj and A K Bose. None of the three is an MLA now. The first two were given disqualified under the anti-defection law and Bose died eight months in the past. There is no keep from any court on protecting byelections to these constituencies. But the EC has taken refuge under technicalities to defer these bypolls.
State chief electoral officer Satyabrata Sahoo disconnected the decision after initially coming on line when IdealNews contacted him to invite why the three seats were excluded.
The fee, generally, would now not take a chance and cling byelections in constituencies the place election-related circumstances are pending, stated former chief election commissioner N Gopalaswamy. “The EC would have sought prison opinion prior to suspending byelections in 3 segments. What if a month after the byelection is held, the court passes an order that adversely impacts the byelection? What if the candidate who has challenged the election of the MLA is said winner by the court? Though such circumstances are uncommon, they aren't unparalleled. The individuals who filed the circumstances should have withdrawn the circumstances (after two MLAs were given disqualified and one died),” stated Gopalaswamy. The Election Commission’s stand in this case is perverse, stated senior recommend K M Vijayan. “Notwithstanding the petitions filed by unsuccessful applicants (within the 3 segments) under Section 100 of the Representation of the People Act, the speaker of the assembly disqualified two MLAs as consistent with the provisions of the 10th Schedule. It used to be unsuccessfully challenged by the MLAs within the Madras high court and, extra importantly, they did not report an enchantment within the Supreme Court. When they've already been disqualified, these circumstances are mere formalities. The verdicts can not reverse the disqualification of the two MLAs under the 10th Schedule. Similarly, in the case of Thirupparankundram, after the demise of A K Bose, the seat has mechanically fallen vacant. It is atypical that the EC has failed to know this simple common sense,” stated Vijayan.
Going by the EC’s own common sense, if pending circumstances are a reason why for now not protecting byelections, it wishes to provide an explanation for on what basis it has ordered byelection to the Hosur assembly constituency. Former minister P Balakrishna Reddy, who were given disqualified after a distinct court sentenced him to a few years in prison in a 20-year-old rise up case, has filed an enchantment within the Supreme Court.
Puzzling: Why were three assembly seats left out?
Reviewed by Kailash
on
March 13, 2019
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