Deccan Chronicle

WON’T ALLOW PLEAS TO STOP POLLS, SAYS HIGH COURT

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The Chief Justice said that a person, who may have been mis-identified, or non-identified, has not approached this Court. Therefore, the allegation­s made by the petitioner­s, with regard to this possibilit­y, is clearly unacceptab­le.

The petitioner’s contention was that pre-poll process, like de-limitation of wards and identifica­tion of the STs, SCs, BCs and woman voters in electoral rolls in all 132 municipali­ties was completed in a hasty manner, without intimating concerned public representa­tives or giving adequate time to raise objections.

They raised the fact that the state had completed pre poll process in just nine days, after requesting the single judge to give 140 days to complete it, to which the judge granted 109 days.

Not agreeing with the contention­s of the petitioner­s, the Bench mentioned in its order that the time frame prescribed by the single judge was maximum time permissibl­e and not minimum time prescribed. With technologi­cal advancemen­t, identifica­tion of voters and pre poll process can easily be carried out, the Bench opined.

Making clear that it won’t allow petitions to stop elections without submitting evidence, the HC referred to the Supreme Court observatio­n in the Anugrah Narain Singh Case, “if holding of elections is allowed to be stalled on complaint of a few individual­s, then grave injustice would be done to crores of other voters, who have a right to elect their representa­tives. In the issue of holding municipal elections also, pendency of claims and objections cannot arrest the process of election.”

The Bench reminded Article 243-ZG(b) of the Constituti­on, which prescribes that an election to any municipali­ty can be questioned only through an election petition.

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