: The Madras High Court on Tuesday ordered notice to the DMK, the principal opposition party, and the State government on an appeal moved by the Tamil Nadu State Election Commission (TNSEC) assailing the order of a single judge setting aside the local body election notification issued by the TNSEC dated September 26.
A Division Bench of Justices Huluvadi G. Ramesh and V. Parthiban directed the State government and the DMK, the petitioner in the original petition, to file their counter affidavits within four weeks.
On October 4, a single judge of the High Court set aside the notification for civic polls in the State, scheduled for October 17 and 19, on the ground that it violated the Tamil Nadu Panchayat Election Rules.
The judge also directed the authorities concerned to issue fresh notifications following the procedures contemplated in the Rules and complete the entire election process by December 31.
Assailing the order, on October 6, the TNSEC moved an appeal seeking interim relief against the single judge’s order contending that it has resulted in grave miscarriage of justice.
The counsel for the TNSEC submitted that the Commission is particularly challenging the single judge’s finding that there should be two notifications and that there should be a time gap between the two.
Opposing the contention, the DMK stressed on the need for purity of elections and said, “The chain of poll process started with the notifications had been broken by the TNSEC itself. The Commission had kept the notification in abeyance on October 5. Impurity has crept in and no free and fair election is possible now.”
Concurring with his submission, the Bench noted that the election process has already been broken, and it is as on date ‘non-est’ (does not exist) in law.
The Bench then suggested the TNSEC to issue fresh notification, holding that the appeal will be disposed of once and for all on merits.
