The Hindu : Front Page : Poll code: court rules in EC's favour

Online edition of India's National Newspaper
Thursday, Sep 09, 2010
ePaper | Mobile/PDA Version

Front Page

Front Page

Poll code: court rules in EC's favour

Staff Correspondent

DHARWAD: In what could be a setback to the State Government, the Circuit Bench of the Karnataka High Court at Dharwad on Wednesday observed that the Election Commission of India (EC) has locus standi in the case pertaining to the Government's decision to withdraw cases of poll code violations against Health Minister B. Sriramulu, Somashekhar Reddy, MLA, and others.

Justice Arali Nagaraj upheld the Bellary Judicial Magistrate First Class Court order that the EC has locus standi in the case and set aside the orders to the contrary passed by the Bellary District and Sessions Court.

Justice Nagaraj observed that counsel for the State Government had failed to convince the court on the public interest involved in withdrawal of the cases.

“If the Government withdraws the case against persons booked for engaging in communal violence as part of its efforts to restore peace or withdraws cases related to some labour unrest, it certainly involves public interest. But what public interest lies in withdrawal of cases against those who win elections by unfair means,” the judge asked.

The Bellary District Election Officer had filed cases against Mr. Sriramulu, Mr. Reddy and others for poll code violations during the 2008 Assembly elections. However, after the BJP came to power in the State, Mr. Sriramulu became a Minister and Mr. Reddy was elected Chairman of the Karnataka Milk Federation. Later, following a following a Cabinet decision, the State Government permitted the prosecution to withdraw the cases of poll code violations against Mr. Sriramulu and the others. The EC then moved the Bellary JMFC Court which upheld the EC's contention.

The prosecution then filed an appeal before District and Sessions Court, which observed that the EC had no locus standi in the case until steps were initiated by the Government to withdraw the criminal cases.

Printer friendly page
Send this article to Friends by E-Mail

Front Page