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Pondicherry AIADMK gets time to file reply

By A. Subramani

CHENNAI, MAY 5. The Pondicherry unit of the All India Anna Dravida Munnetra Kazhagam has moved the Madras High Court against a show-cause notice issued by the Election Commission (EC) and obtained more time to file a reply.

The EC on May 1 issued the notice, asking why the party's recognition should not be suspended or withdrawn for alleged poll-related violations of the model code of conduct. The party was supposed to submit its reply on or before May 8.

When the petition, filed by the Pondicherry unit secretary, A. Anbalagan, MLA, came up today, Justice R. Balasubramanian, vacation judge, asked the EC to extend the reply time up to June 20. He then posted the matter to June 15, when it will file a counter-affidavit.

Earlier, N. Jothi, counsel for the petitioner, said the notice did not elaborate which portion or which part of the code the Pondicherry unit violated during the Tamil Nadu Chief Minister, Jayalalithaa's visit on April 7.

In the afternoon, G. Rajagopal, senior counsel for the EC, said he needed time to file a detailed counter.

In his petition, Mr. Anbalagan said the permission granted on April 2 for putting up arches and partyflags was cancelled on April 6, just one day ahead of the Chief Minister's visit.

"How and in what manner could the permission granted on April 2 be cancelled when such permission was allowed to stand in the case of other political leaders?"

The order cancelling the permission was not served on the party office-bearers, the petitioner said.

"When the Public Works department is the competent authority to grant and deny permission, in what way can the returning officer of the constituency interfere with the matter?"

He alleged that the official had acted with "mala fide intent" as he was related to a former Chief Minister.

Mr. Anbalagan, referring to the registration of nine criminal cases under the Pondicherry Open Places (Prevention of Disfiguration) Act 2000, said, "when there is a criminal case on the same issue, these proceedings would only prejudice the criminal cases."

Describing the impugned notice as "self-contradictory," the MLA said the Election Symbols Order did not envisage cancellation of the recognition of a political party or its reserved symbol for violations alleged in the show-cause notice. "There is not an iota of reason for derecognising a political party or for the symbol being frozen for these insignificant matters."

Also, such powers were vested only with the Chief Election Commissioner and not with any of his subordinates such as the returning officer, who was holding the post only for time being.

Mr. Anbalagan prayed for quashing of the notice, and as interim relief sought a stay on its operation.

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