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Countdown
on, ADMK chief’s fate to be decided on Monday
Jaya confident nothing can stop her from becoming CM
Anita Salujia
New Delhi,
April 22: Even
as the sword of damocles hangs over Jayalalitha’s head, it
is learnt that the AIADMK chief is confident that ‘‘nothing
can prevent her from becoming the Chief Minister’’. If
the legal luminaries Jayalalitha has consulted are to be believed,
it is fully to the discretion of the Returning Officer (RO) to either
accept or reject the nomination papers. It is not necessary for
the Returning Officer to follow the guidelines of the Election Commission,
as the nomenclature itself suggests, it is just a ‘‘guideline’’
and not a ‘‘law’’.
For a Returning
Officer, there are only three criteria to follow — whether
the candidate is the resident of the state (for Assembly polls)
or the resident of any part of the country (for Lok Sabha poll),
whether the required deposit has been paid and whether the B-form
has been submitted regarding the election symbol of the political
party concerned. If all the three formalities are in place, Jayalalitha’s
legal think tank claims, it is not binding on the Returning Officer
to strictly go by the guidelines issued by the Election Commission.
As per norms,
if a candidate has some complaints over the decision of the Returning
Officer, he/she is given an opportunity to argue the case through
a lawyer. More importantly, even if Jayalalitha is debarred from
contesting elections in the ensuing polls, she can be elected as
the Chief Minister by her party if it comes to power. Next, it is
left to the Cabinet to decide whether to withdraw the cases against
her or drop them altogether, following which, under section 321Cr
PC, the Public Prosecutor can file an affidavit withdrawing the
cases in the concerned court.
It is learnt
that under Article 329 of the Constitution, the decision of the
Returning Officer cannot be challenged through a writ petition.
It can be challenged only after the election is over, through an
election petition. Since the AIADMK chief is confident that her
party will sweep the elections, even if she is debarred from contesting
by the Returning Officer, she would be having six-month time to
file an affidavit through Public Prosecutor to withdraw the cases
against her. After six months, she can seek election from any constituency
in the state.
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| EC not to interfere with ROs’ decision on candidates |
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Express
News Service
Chennai,
April 22:
IT IS official now. The qualification or disqualification
of a candidate will be decided by the concerned Returning
Officer in each constituency and the Election Commission will
not interfere with the process, Mrutyunjay Sarangi, Chief
Electoral Officer of Tamil Nadu, said on Saturday.
To a specific question, Sarangi said the decision of the Returning
officer would be final. ‘‘Each Returning Officer
has been given a copy of Representation of People’s Act
(RPA) notification, and periodical circulars of the Election
Commission and they will abide by them,’’ he told
mediapersons on Saturday.
‘‘On April 24, the officers will scrutinise the
papers and pass orders the same day. A copy of the order will
be given to the candidate and they will be given the chance
to represent,’’ he added.
Parrying pointed questions on Election Commission notification
and on eligibility of candidates, Sarangi said: ‘‘We
will go by what the EC says from time to time. Once the electoral
process is notified, polling must take place and the candidate
can challenge the decision of the Returning Officer only after
the polls.’’
Sarangi refused to answer the question whether the EC would
step in if the decision of the two returning officers of Krishnagiri
and Theni (Jayalalitha’s constituencies) were different.
‘‘The question is speculative,’’ he said.
On the question of symbols, the CEO said the six national
parties and five state parties have been recognised by the
EC. The unrecognised parties will not be able to contest on
the symbol of their alliance partners and would allotted symbols
from the free list available with the Election Commission.
On the issue of election expenditure, Sarangi said the advertisements
in private channels would also be considered a part of candidate’s
spending. The advertisements should be based on electoral
code of conduct.
Around 66,900 electronic voting machines (EVMs) will be used
in nearly 55,900 booths in the state. There will be a backup
machine with each zonal officer and a technician in each district.
‘‘Our history with the EVMs has shown them to be
problem-free,’’ Sarangi claimed.
As far as polling process is concerned, security has been
provided for every meeting. Collectors have been instructed
to make necessary arrangements in all constituencies. Sarangi
informed that a total of 113 observers — 74 general and
39 expenditure — have been allotted to the state. The
first batch has left for Tiruchi and Dharmapuri districts
on Saturday. Between April 29 and May 6, polling personnel
will be put through three rounds of hands-on training.
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