The Election Commission cannot be directed to take complete control of all government machinery, including local body functions in States, where elections are to be held since the law permits taking control of only those departments that are necessary for smooth conduct of elections, the Madras High Court Bench here has said.
A Division Bench of Justices S. Manikumar and C.T. Selvam made the observation while dismissing a public interest litigation petition filed by M. Ganesan seeking a direction to the Election Commission to consider a plea made by him to take control of all machineries including police force, local body administration and government vehicles in poll-bound States.
Powers listed
They pointed out that Article 324 of the Constitution lists powers vested with the Election Commission.
“The words ‘superintendence, direction and control,’ occurring in Article 324 are of wide amplitude. They empower the Election Commission to exercise all powers necessary for smooth and effective conduct of election”.
