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This is an archive article published on May 18, 2004

Did EC try enough, asks HC

The Delhi High Court has asked the Election Commission to explain the steps taken by it to ensure free and fair elections on April 26 in the...

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The Delhi High Court has asked the Election Commission to explain the steps taken by it to ensure free and fair elections on April 26 in the sensitive Chapra Lok Sabha constituency of Bihar where RJD chief Laloo Prasad Yadav crossed swords with Union Minister Rajiv Pratap Rudy.

Declining to quash the decision of the Election Commission to countermand the polls in Chapra, Justice Manmohan Sarin asked the Commission to satisfy the court that it was not 8216;8216;inactive8221; in its duty and responsibility prior to the polling date. The Election Commission has fixed May 31 for fresh polling in Chapra.

The direction came on an election petition filed by a reader of Delhi University, Khalid Alvi, seeking the quashing of the Election Commission8217;s May 10 order, countermanding the election of Chapra Lok Sabha constituency. Alleging that the Commission did not perform its duty properly and failed to deploy adequate forces despite knowing that Chapra was a sensitive Lok Sabha constituency, Alvi8217;s counsel Asad Alvi sought the court8217;s direction for EC to produce the records pertaining to its function from the date of withdrawal to the date of polling.

Advocate P.R. Chopra, appearing for the EC, denied the allegations and said the Commission was fully active during the entire election process. But, the court asked the EC to explain it was active from the date of withdrawal till the polling date and adjourned the hearing for May 26. The court said it had rightly been pointed out that the EC did not take any step on its own and only after media reports that the poll in Chapra was vitiated due to booth capturing and violence, the EC woke up.

 

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