NEW DELHI, February 27: The Delhi High Court today issued notice to the Election Commission on a petition filed by BJP-supported candidate D P Yadav from Sambhal Parliamentary constituency in Uttar Pradesh, seeking direction to EC for immediate decision on repolling in 181 booths.Justice S K Mahajan while issuing the notice fixed further hearing in the matter tomorrow at 1100 hours after the standing counsel P R Chopra submitted that the matter was under active consideration of EC. ``I have got telephonic instruction from the EC and the matter is under its active consideration,'' Chopra said, adding that the EC was likely to take a decision today itself.
Yadav's counsel R P Bansal and N N Agarwal submitted that despite a representation made to EC on February 24 regarding the alleged booth capturing and large-scale rigging by supporters of Samajwadi Party candidate and Defence Minister Mulayam Singh Yadav in Sambhal, no action had been taken by the Commission so far.
The complaint pending before the ECwould become infructuous and result into gross injustice to the petitioner if it was not decided before the counting on March two, Yadav's counsel contended.
D P Yadav in his petition alleged that Samajwadi Party workers resorted to various electoral offences and violated the model code of conduct during the campaign and no action was taken by the concerned returning officers and EC.
``It is shocking and beyond all imagination that despite such happenings and their proper projection in media, it can be totally ignored and forgotten so easily and lightly by all concerned, but more shockingly, by the Election Commission,'' the petitioner contended.
The counsel presented a few ballot papers allegedly stamped in favour of Mulayam Singh Yadav and counter signed by the returning officers, reportedly found lying in some polling booths, to substantiate the allegations. In many booths polling was recorded as high as 90 per cent, which was not practically possible in any circumstances, the counselsaid.
Meanwhile, Chief Election Commissioner M S Gill said the Election Commission has not taken any decision so far on the demand for repoll in Sambhal.
``No decision,'' Gill said at a video conference when he was specifically asked whether the Commission had taken a view on the demand.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
