Election Commission presses ‘NOTA’ for poll dates in 2 Assembly seats

Polls to the two Assembly seats had twice been deferred following reported large scale distribution of cash and gifts to voters. Saturday’s rescindment comes in the backdrop of the DMK moving the HC and the AIADMK, through the state Governor K Rosaiah (recommended conduct of election there before June 1), urging the EC for early polls before June 13. 

In his 29-page rescindment notification released in New Delhi on Saturday afternoon, Chief Election Commissioner Nasim Zaidi said, “The commission is satisfied that the poll process in the two constituencies cannot be allowed to proceed and ought to be rescinded so that fresh elections may be conducted in the two segments when the atmosphere becomes conducive to hold free and fair elections after reasonable lapse of time.” It has observed that it would be failing in its Constitutional duty of ensuring free and fair elections if it allows the electoral process to be conducted in such vitiated atmosphere.

Like in the previous two instances, seizure of Rs 5.72 lakh on May 18, four days after the first deferral had prompted the commission to annul its latest notification. 

Replying specifically to Governor K Rosiah’s letter, in which he had recommended the two-seat polls be held before June 1 by citing Bhim Singh vs ECI and ECI vs State of Haryana cases, the commission cited the Mohinder Singh Gill vs CEC case and said, “Neither RP Act 1951 nor any other law requires that the ECI should consult the Governor before making any changes in the election calendar set by the ECI under section 30.” 

“The commission, with due respect, is constrained to observe that the Governor should have avoided writing to the commission,” the election commission concluded.