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CEO summoned to produce Stalin’s expenditure in 2011 polls
The High Court directed Tamil Nadu’s Chief Electoral Officer (CEO) Rajesh Lakhoni to appear before it on January 11 in connection with a petition challenging DMK leader M K Stalin’s election from Kolattur constituency in 2011 Assembly election.
Chennai
Justice M Venugopal had summoned the CEO after seeking him to produce the expenditure details incurred by Stalin and other relevant information pertaining to the election petition. Stalin’s nearest AIADMK rival candidate Saidai Duraisamy, who had lost to the DMK leader by 2,600 votes, had submitted that Stalin had indulged in “corrupt” practices during the election.
There were also various irregularities during the counting of votes, Duraisamy contended and sought to declare the election of Stalin as null and void. With the trial in the case in final stages, Stalin in his affidavit had contended that the petitioner Duraiswamy had taken a new stand alleging that the Election Commission of India has failed to discharge its statutory duty in accordance with Section 10-A of the representation of People Act 1951 and that the officials of the Election Commission had not applied their mind while accepting the accounts submitted by Stalin.
He also noted that the said allegations have been raised without any prior pleadings in the election petition and at a belated stage of the trial. He also pointed out that if the submissions of the petitioner are allowed, it will create confusion over the entire proceedings of the trial conducted so far as the same are raised in a belated manner and will vitiate the entire basis of a fair trial.
Stalin also submitted that the expenditure statement downloaded from the official website of the Election Commission of India (ECI), is an incomplete document, which is only an abstract of the accounts and the same does not contain the full details of the expenditure on each head.
But knowing fully well about its nature, the petitioner conveniently suppressed the availability of the entire account details with the ECI and misled the court, as if Ex. P17 is the only record showing the entire expenditure he incurred while he had submitted the entire records properly in the prescribed register with the District Electoral Officer under Rule 88 of the Representation of People Act, he said.
“Hence summoning the entire accounts is necessary in the interest of justice; otherwise, it would result in miscarriage of justice”, Stalin added.
Appointment of TNCPCR chairperson to be withdrawn
The Government has informed the Madras High Court that it has taken a decision to recall the appointment of Kalyani Mathivanan as the chairperson of Tamil Nadu Commission for Protection of Child Rights (TNCPCR) and issue a proper advertisement calling for fresh applications.
The first bench comp rising Chief Justice Sanjay Kishan Kaul and Justice M Sundar on recording the Advocate General’s submission that the Government order recalling the earlier order of appointment within the next seven days, said “. We appreciate the stand taken by the state government.”
The bench also recorded the Advocate General’s assurance of urgent action on adhering to the notification on the selection process issued by the Centre based on the Supreme Court order and frame rules under the new act to ensure that even at the district level the Child Welfare Committees and Juvenile Justice Boards are functioning. Change India represented by its director A Narayanan had brought to the court’s attention that the appointment of former MKU Vice-Chancellor Kalyani Mathivanan was not made as per rules of inviting applications for the post.
‘Last chance on appointment of law officers’
The High Court coming down heavily on the Government for failing to frame rules for appointment of law officer has given it a last chance to file the draft rules. The first bench on holding that failure to do so would result in the amicus curie, listed the case for further hearing to February 13.
Sasikala Pushpa’s plea dismissed
The High Court has closed a petition moved by the party’s expelled Rajya Sabha MP Sasikala Pushpa challenging Sasikala’s elevation as AIADMK general secretary. Justice K Kalyanasundaram, while allowing a rejection plea moved by the party presidium chairman Mathusoodhanan, closed the civil suits moved by Sasikala Pushpa and her husband Lingeswara Thilagan seeking to restrain the attempts made to elevate V K Sasikala as the party chief. On December 23, after recording series of arguments put forth by the both the parties, the judge reserved his orders. While the counsel appearing on behalf of Mathusoodhanan had argued that Sasikala Pushpa had no locus standi to file the suit, the contention of the expelled MP revolved around the aspect that Sasikala failed to have continuous membership for five years as mandated by the party’s by-laws.
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