No stay on ballot mark order

HC blames SEC for not training its staff for ‘distinguished mark’

A division bench of Telangana High Court comprising Chief Justice Raghavendra Singh Chauhan and Justice B. Vijaysen Reddy on Saturday heard the writ appeal filed by Telangana State Election Commission (SEC) seeking stay on interim orders issued by a single judge of the High Court, who had on Friday suspended the commission’s circular dated December 4, 2020 allowing consideration of “distinguish marks” on ballot papers used in GHMC elections.

The division bench, however, refused to interfere with the single judge order, observing that it is the mistake of SEC in not imparting proper training to its staff who, instead of providing cross arrow markers to voters, allowed a distinguished mark.

“State Election Commission cannot absolve itself from the mistake it committed. Moreover, it commits a mistake and then rushes to the division bench with an appeal, when the single judge has given you ample time till December 7 to file your response,” the CJ observed.

SEC’s counsel Vidyasagar contended that in Neredmet ward, the margin of votes polled between the two candidates who stood first and second is 504, whereas the disputed votes are 544. Because of the single judge’s order, SEC could not declare the result of Neredmet.

Responding to contention of Vidyasagar, the division bench said even if it passes any order in the appeal, it will not have any impact on the results, which have been already been declared on Friday. “Everyone knows which party has got the majority. So, where is the hurry in rushing to the court with an appeal”, the Chief Justice asked.

At this, Vidyasagar submitted that as per Supreme Court’s directions, High Courts cannot interfere with the functioning of Election Commission.

Responding to this, the CJ said, “The entire mess has been created by the State Election Commission. Its officials ought to have double checked. Judgements of Supreme Court do say so, but its subsequent judgements have permitted High Courts to interfere in such matters.”

While disposing of SEC’s writ appeal, the Chief Justice directed the single judge to hear the writ petition as the first case on December 7, 2020.