HC asks EC to decide fast

Though the EC spokesperson A.N. Jha refused to comment on the high court order on the ground that the Commission has not received the order yet, the EC’s legal consultant S.K. Mehendiratta said, ‘‘Once the process of the election starts, the court cannot interfere or intervene. The constitutional provision makes the Election Commission ultimate authority on the matter related to the election and that includes countermanding of elections. But, in case that is the court’s direction — I am yet to see the order — we have seriously look into the (constitutional) provisions.’’ The EC will give a reply to the HC after it studying the order, Jha said.

The People’s Representation Act does not have a provision to prevent criminals or history-sheeters from contesting elections. But, there is provision that bars prisoners from casting their votes.

A division bench of the Patna High Court comprising Chief Justice Ravi S. Dhawan and Justice Shashank Kumar Singh passed the order on two PILs during the day seeking disqualification of those who had entered the poll fray from jail and whose voting rights were suspended by election laws.

The bench also ordered the Commission to consider countermanding elections in the constituencies where proclaimed absconders had cast their vote.

‘‘The EC should act and act with speed and take a decision on these issues before the declaration of poll results,’’ the bench observed.

A host of alleged history-sheeters, including RJD strongman Mohammed Shahabuddin, LJP general secretary Rajesh Ranjan alias Pappu Yadav, Independent MLA Rajan Tiwary and leader of the banned Ranvir Sena, Brahmeshwar Singh are contesting the elections from behind the bars.

The court was hearing two PILs clubbed together. The first one was filed by an NGO People’s Watch seeking disqualification of prisoners, whose voting rights are suspended by Article 62 (5) of Representation of People’s Act, 1951, who had entered the fray. The second PIL was filed by Om Prakash Yadav, JD(U) nominee from Siwan, who had sought disqualification of his RJD rival Mohammed Shahabuddin for running his campaign from a hospital despite being in judicial custody.