The Tamil Nadu Chief Electoral Officer, Praveen Kumar, on Tuesday said that in a country like India, where the rule of law is considered to be the basic structure of the Constitution, no citizen can claim any right to carry unaccounted cash or other movables without supporting documents.
Common counter
In his common counter on behalf of himself and the Chief Election Commissioner (CEC) to a public interest litigation petition filed by Patty B. Jeganathan, an advocate, which said that freedom of trade and movement of citizens were affected in the State due to the Election Commission (EC)'s measures, Mr. Kumar said a citizen was bound by law with regard to taxation.
It was also the EC's constitutional duty to conduct free and fair elections and prevent illegal distribution of cash to voters and further to prevent the use of unaccounted money in elections.
Mr. Jeganathan had sought to forbear the election authorities from implementing certain instructions of the CEC of February 7, which, the petitioner said, were “contrary to the Constitution and fundamental rights.”
The CEO said the contention that freedom of trade and citizens' movement had been affected in view of the EC's instructions was not correct. The EC's power to issue orders and instructions had been upheld by the Supreme Court in various cases.
The writ petition had been filed on certain assumptions unsustainable in law, the counter said.
