The Madras high court on Wednesday declared as ‘improper’ and ‘illegal’ the bypoll for the Ilayangudi Assembly constituency in 2009 and rapped the then state chief electoral officer and a few other election officials.
Justice V. Dhanpalan passed orders on a petition moved by K. Kalaimani of Makkal Manadu Katchi, whose nomination was rejected by then returning officer, and held that this rejection was improper, illegal, void and contrary to the provisions of the RP Act and instructions issued by ECI to ROs.
The judge said there was every possibility for a candidate, belonging to a political party or not, to be elected to the state legislature in a democracy.
He observed that it was immaterial whether the political party is big or small, registered or not, and said that it was for the authorities concerned to follow rules and procedures contemplated in the RP Act, when any candidate files his nomination.
It was clear that the CEO had not done his duty as prescribed in both RP Act and Rules and Instructions, the court said.
The RO and CEO’s lackadaisical attitude had to be deprecated, the judge said. The officers had not adhered to the provisions of the Act and Handbook for ROs that clearly states their duties and responsibilities, the judge observed, imposing a fine of Rs 25,000 on the CEO and RO. ECI should ensure appointment of ROs with knowledge of electoral laws.
The state is at liberty to recover the benefits and allowances enjoyed by the victorious candidate if it desires so. Mathiarasan of DMK was elected in the by-poll.