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Thursday, Jun 28, 2007
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Tamil Nadu

Election Commission approaches High Court

Special Correspondent

RP Act section cannot be invoked in Jayalalithaa case

Alleged offence took place in 2001 while amended Section was incorporated in Act only next year.

CHENNAI: The Election Commission of India, which was directed by the Madras High Court to take action against former Chief Minister Jayalalithaa for having given false declaration in 2001, approached the court on Wednesday with regard to a portion of the order relating to Section 125A of the Representation of the People Act.

G. Rajagopal, senior counsel for the Commission, mentioned the matter before a Division Bench, comprising Justice Dharmarao Elipe and Justice S. Palanivelu. The Judges directed him to inform the other side of the development. The matter is likely to come up for hearing on Thursday.

Realising that provisions under Section 125A of the RP Act cannot be invoked in the case, the Election Commission has asked the Chief Electoral Officer to direct the returning officers of Bhuvanagiri and Pudukottai to restrict their complaint to invoking Section 177 of the Indian Penal Code read with Cr.PC Sections 195 and 200.

This is because the alleged offence took place in 2001 while the amended Section was incorporated in the Representation of the People Act only the next year.

The Election Commission has also instructed that similar action be taken against Chengai Sivam, a Dravida Munnetra Kazhagam candidate, who had filed nomination for three Assembly constituencies in a byelection in 2002.

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