Madras HC rejects request to change Tamil Nadu election dates, keeping polling on April 19 and vote counting on June 4. Petitioner wanted to shorten the time between voting and counting, citing fairness concerns.
Thank you for reading this post, don't forget to subscribe!
Chennai: On Wednesday(March 27), the Madras High Court dismissed a petition challenging Tamil Nadu’s election notification. This ensures that the state’s elections will proceed as planned, starting on April 19 and concluding with vote counting on June 4.
The petitioner, identified as Ezhilan, had approached the court with a request to direct the Election Commission of India (ECI) to advance the vote counting date, thereby reducing the 45-day interval between the polling and the counting of votes.
Ezhilan.’s legal representative, A Rajini, argued that the extended gap was not only against the spirit of the Representation of the People Act, 1951, which aims to ensure the conduct of free and fair elections
During the proceedings, Chief Justice Sanjay V Gangapurwala and Justice D Bharatha Chakravarthy questioned the legal basis for the petition. They inquired if the Representation of the People Act explicitly mandates the ECI to count the votes within a specific timeframe. Upon admission by the petitioner’s counsel that no such provision existed within the Act, the bench proceeded to make a crucial observation.
ALSO READ:Supreme Court Orders Jammu and Kashmir Assembly Elections by 2024
The judges stated:
“We don’t see this petition as addressing any significant public concern. It seems more like a case driven by publicity rather than genuine public interest. The Election Commission of India is the authority responsible for deciding the dates of polling and vote counting.”
Furthermore, the first bench of the Madras High Court highlighted the constitutional boundaries that restrict judicial intervention in electoral matters.
“The High Court, through the exercise of its powers under Article 226 (writ jurisdiction) of the Constitution, is not authorized to meddle with the election program.”
-the bench remarked.
They also referenced Article 329 of the Constitution, which bars courts from interfering in electoral matters.
The court’s ruling not only reaffirms the independence of the Election Commission in managing the electoral process but also serves as a reminder of the constitutional safeguards that ensure the separation of powers among India’s governing institutions.
ALSO READ:Supreme Court Affirms CPI(M)’s M Swaraj’s Election Petition Against Congress MLA K Babu
By dismissing the petition, the Madras High Court has upheld the sanctity of the electoral process in Tamil Nadu, ensuring that the upcoming elections will proceed as planned, without undue interference.