NEW DELHI, OCT 29: Union Minister of State for Petroleum E Ponnuswamy can breathe easy, at least for now.The Election Commission (EC) has decided not to take up action against Ponnuswami's electoral offence of voting from a different polling station than the one where his name is listed.Instead, the EC has ruled that any aggrieved party may approach the courts and seek action against the Minister.Ponnuswamy, whose name figures in the voting list in Chennai North Lok Sabha constituency, cast his vote from Virudachalam polling station in the Chidambaram constituency, a criminal offence under the Representation of People Act, 1951.Under the RPA, a criminal case can be filed and the offender is liable to be punished for casting his or her vote from any other polling booth than the one where his or her name is listed.The Congress and the CPI(M) had complained against Ponnuswamy's action to the Tamil Nadu chief electoral officer, who had in turn referred the matter to the EC.Ponnuswamy, who belongs to the Pattali Makkal Katchhi (PMK), one of the BJP's minor allies in Tamil Nadu, was sworn in as MOS in the Vajpayee Cabinet.The EC also decided not to take any action against Kerala Chief Minister E K Nayanar, who after stamping his ballot paper, showed it off to the waiting media persons, again an electoral offence under the provisions of the RPA."The Commission has decided not to pursue any action against either of the two leaders. But if any party feels aggrieved, he or she is free to move the courts," Chief Election Commissioner, M S Gill, said.In Nayanar's case, the Congress party and a leading Malayalam newspaper of the State, had complained to the Commission that Nayanar had violated the secrecy of his ballot by allowing himself to be photographed displaying his ballot paper at the polling station in Azihikode Assembly segment in Kannur Parliamentary constituency.The EC's view in both the cases is that the Commission has no reason to interfere in the matter.Referring to both the cases, Deputy Election Commissioner Subas Pani said that these were not corrupt electoral practices. "It is an electoral offence which has to be decided on by a court of law," he said.The presiding officer of the polling station who permitted Ponnuswamy to vote is also liable to be prosecuted for his offence of supplying a ballot paper to an unauthorised person. In the case of the official, the RPA spells out that the offence could invite punishment of up to two years of imprisonment.The Commission has directed that disciplinary proceedings be started against the presiding officer.The question of initiating criminal proceedings against the officer would be examined at a later stage after considering the explanation given by him during the disciplinary proceedings.In Nayanar's case where the secrecy of voting clause had been breached, the Commission is taking as a precedent the 1981 Supreme Court ruling in the Raghubir Singh versus G S Tohra case where the apex court had interpreted the relevant Section 128 of the RPA as having nothing to do with the voter disclosing for whom he had voted.While the presiding officer has maintained that there was no violation of the secrecy of ballot by the Kerala Chief Minister, photographs of Nayanar displaying his ballot sheet had appeared in several newspapers and magazines.Breach of secrecy of the ballot draws a three month imprisonment sentence and cancellation of the vote.
