Tamil Nadu - Chennai   

Jothi told to appear before poll panel

CHENNAI: The Madras High Court has directed AIADMK MP N. Jothi to appear before the Election Commission of India in connection with a presidential reference on a disqualification complaint against him.

Justice M. Chockalingam, passing orders on a writ petition filed by Mr. Jothi, however, directed the Commission to confine its intended inquiry only to allegations contained in the original complaint by advocate A. Amernath Rao, “and nothing more.” The matter relates to a complaint by Mr. Rao that Mr. Jothi was “earning money and benefits” as an official counsel of Tamil Nadu Chief Minister, and had not suspended his practice as an advocate on becoming MP.

The President referred the complaint to the Commission for inquiry. While the complainant did not submit further details sought by the Commission, the State Chief Secretary sent details relating to Mr. Jothi’s travel to Delhi, his stay in the Tamil Nadu House and his appearance before the Cauvery Water Tribunal.

The present petition was filed to restrain the Commission from inquiring into any other “extraneous” allegations not referred by the President.

While R. Viduthalai, counsel for the complainant, said the Commission had power to call for information useful or relevant to its inquiry, counsel for the Commission G. Rajagopal said it should not be restrained from performing its constitutional duty.

In his order, Mr. Justice Chockalingam, however, ruled that the Commission could not be allowed to venture to enlarge the scope of the inquiry. “Allowing the EC to widen the scope of the inquiry will be nothing but allowing it to assume powers and jurisdiction, which are not conferred under the relevant provision of law, but in excess.”

Describing the information furnished by the Chief Secretary to the EC as “extraneous,” the Judge said “that information was undoubtedly extraneous to the matter under reference… Having received the reply from the Chief Secretary containing particulars which was not called for, but extraneous, the Commission cannot be permitted to say that they were incidental to the subject matter.”

He then said that the facts placed by the Chief Secretary were outside the grounds of disqualification complaint of Mr. Rao.

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