Making it clear that it is for the Election Commission of India (EC) to verify the authenticity of the >thumb impression of AIADMK supremo and Chief Minister Jayalalithaa in the poll papers of the party’s candidates for the November 19 polls to three Assembly constituencies, the Madras High Court on Monday dismissed a >Public Interest Litigation (PIL) petition challenging the validity of the documents .
“In our view, it is for the EC to verify the authenticity of the papers… if there are any infirmities in the election process, which makes the election capable of being challenged, then that would be a matter of an election petition. In the present case, the election symbol (for AIADMK candidates) stands allotted. We are not inclined to entertain the present PIL,” the First Bench of Chief Justice S.K. Kaul and Justice R. Mahadevan said.
The PIL was moved by activist ‘Traffic’ K.R. Ramaswamy who had challenged the validity of ‘Form B’ filed along with the nomination papers of the party’s candidates for the Thanjavur, Aravakurichi and Thiruparankundram constituencies. Party general secretary Jayalalithaa’s left thumb impression was affixed on the form instead of her signature. As mandated by the EC, a government hospital doctor had certified that Ms. Jayalalithaa, who was undergoing treatment at the Apollo Hospitals, Chennai, had affixed her thumb impression in his presence.
“The thumb impression is mainly taken only in cases wherein the candidate or the signatory is bereft of basic education and is an illiterate. For sick and disabled persons, Rule 37 (4) (safeguards against personation) of the Conduct of Election Rules, 1961 applies squarely,” Mr. Ramaswamy had contended.
He further argued that in any case if affixing thumb impression was permitted on health grounds, it was imperative that it was obtained only in the presence of the Chief Election Commissioner or his immediate subordinates.
When the PIL came up for hearing, the Additional Solicitor General appearing for the EC submitted a communication dated October 27 addressed to the Chief Electoral Officer of Tamil Nadu. Through the communication, the EC had specified that affixing thumb impression could be witnessed by a medical officer of a government hospital and his attestation would be valid.
