The Hindu : National : EC to appeal against Patna HC order

Online edition of India's National Newspaper
Wednesday, May 05, 2004

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EC to appeal against Patna HC order

By Our Legal Correspondent

NEW DELHI, MAY 4. The Election Commission has decided to file an appeal in the Supreme Court tomorrow challenging an order of the Patna High Court banning candidates who are in jail from contesting the Lok Sabha elections and asking the Commission to countermand the elections in these constituencies.

The decision to file a Special Leave Petition was taken by the full Commission at its meeting here today, said the Commission spokesman, A.N. Jha. Declining to elaborate, he told presspersons that the details of the SLP would be placed before the Supreme Court tomorrow, when a "mention" would be made for early hearing of the matter and stay of the High Court order.

Sources said the Commission would apprise the Supreme Court of the fact that in a number of decisions it had been clearly held that once the election process was on, courts should not entertain any petition relating to elections and the only remedy was for the parties to file election petitions. The Patna High Court's order was a departure from these decisions.

Mr. Jha said the Commission was still considering the Bharatiya Janata Party's reply to the notice relating to the sari distribution incident in Lucknow on April 12 in which 22 persons were killed in the stampede. He said the Commission would take a decision in "due course of time."

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