Madras High Court disapproves of prohibitory order in Puducherry
The Hindu
There is no doubt that the Election Commission of India (ECI) has primacy on the issue of how to conduct elections and control over law and order, too, passes on to the Commission during elections. Ho
There is no doubt that the Election Commission of India (ECI) has primacy on the issue of how to conduct elections and control over law and order, too, passes on to the Commission during elections. However, just like any other authority, the Commission is required to act reasonably, rationally and without the slightest hint of bias, the Madras High Court observed on Sunday. After holding a special sitting to hear a public interest litigation petition filed by R. Rajangam, secretary, Communist Party of India (Marxist), Puducherry Pradesh Committee, the first Division Bench, comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, disapproved of a prohibitory order passed by the Puducherry Collector under Section 144 of the CrPC. The judges agreed with the petitioner that the 48-hour prohibition on unlawful assembly and movement, shouting of slogans and use of loudspeakers from Sunday evening till the completion of polling in the Union Territory on April 6 might create a scenario of committed voters alone stepping out to vote and others choosing not to vote, fearing the possibility of trouble or violence. The Bench recorded the submission of ECI counsel Niranjan Rajagopalan that a clarification would be issued forthwith “so that ordinary citizens do not remain under any fear over the next 48 hours and can go about their usual activities without any apprehension”. However, the citizens must follow COVID-19 protocols at all times and they must be seen wearing masks and maintaining physical distance, the judges added.More Related News