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Court refuses to restrain SEC from conducting civic polls

Special Correspondent

CHENNAI: The Madras High Court has declined to pass any interim order restraining the State Election Commissioner (SEC) from conducting the coming civic elections. Holding that the scope of the public interest litigation petitions filed by the AIADMK, MDMK and the BJP, seeking appointment of an independent authority to conduct elections, was very limited, the First Bench comprising Chief Justice A.P. Shah and Justice K. Chandru, issued notice to the SEC.

It posted the matter to February 9 for further proceedings.

When the matter was taken up for hearing, the Bench said since the third judge was seized of the matter, it would be proper for the petitioner-parties to file appropriate applications before him for remedy.

When N. Jothi, counsel for the AIADMK, said his party would not be in a position to participate in the elections in the absence of an interim order, the Chief Justice said: "It is for you to decide. Our orders cannot be used as a ploy to take your decision."

The Bench said it was merely exploring the possibilities of evolving a solution agreeable to all. "All that we can do at this stage is to issue notice to the SEC."

The Bench rejected BJP counsel T.V. Krishnamachari's plea to keep the poll notification under abeyance till the matter was disposed of.

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