The Hindu : Tamil Nadu News : Petition seeks repoll with police protection

Online edition of India's National Newspaper
Wednesday, Sep 29, 2004

Tamil Nadu

Tamil Nadu

Petition seeks repoll with police protection

By Our Staff Reporter

CHENNAI, SEPT. 28. Wondering whether yesterday's byelection to ward 7 of the Chennai Corporation was "a free poll or a free for all," the Madras High Court today ordered notice to the Home Secretary and the State Election Commission on a petition seeking to cancel the election and order repoll with adequate police protection.

The writ petition, filed by the Dravida Munnetra Kazhagam (DMK) candidate, T.V. Muthukrishnan, was admitted by Justice D. Murugesan who, however, said no stay on the declaration of results could be ordered, as they had been made public. The judge observed that as per a latest Supreme Court judgment there was no bar on courts from interfering with the election process if there was a blatant violation of norms. He posted the matter to October 13.

`Mute spectators'

The petitioner said the election to the casual vacancy witnessed "innumerable incidents of violence, booth capturing, impersonation and intimidation. Charging police personnel with remaining "mute spectators," Mr. Muthukrishnan said the DMK cadres, including the candidate, were prevented from entering booths, chased and attacked.

Advocate R. Viduthalai submitted that there was violence in all seven booths "making the election a meaningless exercise."

Keeping in mind the earlier incidents of violence during civic elections in Chennai, officials "should have taken abundant care to conduct the election in a conducive atmosphere," he said.

Only after the DMK moved the High Court, did some members of trade unions affiliated to the AIADMK were deleted from the list of persons appointed polling officers. Similarly, when the DMK challenged a Corporation Commissioner order rejecting pleas for video coverage of polling and counting process, the High Court disposed of the petition with the observation that adequate police protection should be afforded in all booths. Despite such directions, the authorities remained spectators to the violence, the petitioner said. The Additional Advocate-General, A.L. Somayaji, said "the situation was the making of the DMK, and that they were trying to take advantage of it."

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