High Court asks Returning Officer (RO) to decide complaint
Source: The Sangai Express
Imphal, February 27 2012:
The Gauhati High Court has directed a Returning Officer (RO) of the recently conducted State Assembly election to take a decision on the representations filed by a candidate in connection with putting his name without title in the EVM.
Justice T Vaiphei asked the RO ( Churachandpur district) to take the decision within five days on receiving the judgement.
In his representation filed to the RO on January 28 , the candidate, T Nengzakham (petitioner) , who contested from Thanlon Constituency in Churachandpur on Jai Maha Bhrati Party (JMBP) ticket , alleged that his name was written and displayed in the EVM as 'Nengzakham' by omitting the letter T .
Stating that the letter T stands for Tombing and that he is known commonly with his complete name 'T Nengzakham' , the petitioner said he has lost the chance of getting identified and win the election as his full name was not written and displayed in the EVM .
Hence, he requested the RO to hold a repoll in the constituency after putting his full name correctly in the EVM.
On February 1, the candidate also intimated a reminder to the Chief Election Commissioner and the State Chief Electoral Officer requesting the RO to declare poll in the constituency as void and allow a fresh poll for ends of justice.
Since his representations were not complied with by the RO, he moved the Court.
In the landmark verdict, Justice T Vaiphei said the sole question which falls for consideration in the petition is "whether this Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India" can direct the RO (Churachandpur) to dispose of the representation filed by the petitioner for reference to the ECI.
As reflected in the ruling, Advocate Serto T Kom , who appeared on behalf of the petitioner, argued that the "petitioner will , in no way retard or interrupt or protract or stall the election process, and such direction may be issued by the Court to enable him to contest the election in a meaningful and purposeful manner" .
"In my judgment, the entertainment of this writ petition, on the peculiar facts of this case, will not amount to retarding, interrupting, protracting or stalling the election proceedings.
This Court is not staying or halting the election process; it merely wants the Returning Officer and the Election Commission to discharge the duty imposed upon them by the statute," the Judge said.
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