The Madras High Court on Friday dismissed a PIL by DMK seeking transfer of certain officials for allegedly favouring ruling AIADMK in poll-bound Tamil Nadu, holding that the Election Commission was the appropriate authority to determine such matters and the court cannot sit in appeal over them.
“We are of the view that the Election Commission is the appropriate authority to determine such aspect and we cannot sit in appeal over decisions of who has to be posted where,” a bench comprising Chief Justice Sanjay Kishan Kaul and Justice M.M. Sundresh said.
The court dismissed the PIL after recording the submission of the counsel for the Election Commission that wherever substantive reason was found, transfers had been made.
The bench also said it cannot go only by the view of the petitioner.
The PIL, filed by DMK’s Organisation Secretary R.S. Bharathi, sought a direction to the Election Commission to transfer certain officials, including those given extension by the ruling party.
It alleged the officials were working in favour of AIADMK allowing it to commit all sorts of electoral malpractices, including transportation of money for distribution to the voters.
Claiming that various representations were made to the Election Commission on different dates, the petition said only 12 out of 55 officials cited by it had been transferred.
Stating that the EC was expected to act in an unbiased manner to achieve the goal of free and fair election, DMK prayed to the court to act on their representations to the EC.
