Certificates can be issued to successful candidates

The Madras High Court on Wednesday said that counting and issue of certificates to winning candidates in the Chennai Corporation council elections could go on as scheduled.

It made it clear that the counting and publication of results would be subject to the result of the writ petitions pending before the court relating to the corporation elections held on October 17. The certificates can be given to the successful candidates and the person elected as Mayor in which it should be stated that their election would be subject to the outcome of the petitions.

It permitted the State Election Commissioner (SEC) to go ahead with the re-polling ordered in seven booths coming within the corporation limits.

A Division Bench, comprising Justices D. Murugesan and K.K. Sasidharan, passed the interim orders on petitions by the DMK represented by its legal wing secretary R.S. Bharathi and Chennai Mayor and DMK candidate for Mayoralty M. Subramanian.

It said it had on record only the allegations by way of representations made by the petitioners to the authorities, which were not supported by any material for its consideration. Under the circumstances in regard to the facts and aspects, it was giving directions as an interim measure.

The court directed the authorities to file counter to the petitions. It posted the matter for further hearing on November 9. The Bench also directed the authorities to deposit all videographic material relating to the polling before the court in a sealed cover by October 21.

The Bench ordered notice on a petition by the PMK Mayoral candidate A.K. Moorthy, seeking a direction to authorities to cancel the elections and order re-election by following the High Court directions.

The petitioners' grievance was that the directions of the Madras High Court of October 14 were not complied with, including the one relating to videographing the polling.

The DMK said that the elections in 239 booths in the city were not conducted in the manner they should have been. Various incidents had affected the fundamental rights of the public in general. The petition alleged that the authorities “were not afraid of the court orders but willingly obeyed their political masters.”

Mr. Subramanian alleged that 239 booths were captured by AIADMK activists. Voters waiting to exercise their franchise were chased away.