Election Commission's 45-day Policy Deemed Inconsistent with Representation of the People Act by Madras High Court
In a significant ruling, the Madras High Court has directed the Election Commission of India to furnish certified copies of election documents within two weeks, rejecting the Commission's policy of withholding such documents for 45 days post-election results. This decision arose from a writ petition filed by P. Milany, a candidate from the Chepauk Thiruvallikeni Assembly Constituency in the recent Tamil Nadu Legislative Assembly elections.
The petitioner, represented by Advocate J. Vinoth, argued that the delay in receiving essential election documents impeded his right to file an election petition within the statutory 45-day limit, as stipulated under Section 81 of the Representation of the People Act, 1951. The Court, comprising Justices G.R. Swaminathan and V. Lakshminarayanan, found the Election Commission's policy inconsistent with the statutory duty under Rule 93 of the Conduct of Election Rules, 1961.
The Court highlighted that the Representation of the People Act, 1951 is a comprehensive code, and the strict timelines for filing election petitions cannot be extended. The Election Commission's refusal to furnish the documents within the limitation period was deemed a violation of the petitioner's statutory rights.
The judgment noted that the documents requested by the petitioner, including nomination papers and affidavits, did not fall under the categories restricted by Rule 93(1) and should be made available for public inspection under Rule 93(2). The Court emphasized that withholding these documents until the expiration of the 45-day period negated the petitioner's right to challenge the election results.
In response to the Court's directive, the Election Commission has complied by emailing and dispatching the requested documents to the petitioner. The judgment underscores the importance of timely access to election-related documents for candidates seeking to contest election results in court.
Bottom line:-
Election Commission's refusal to provide election-related documents within the statutory period required for filing an election petition under the Representation of the People Act, 1951 violates the petitioner's right to approach the court and is inconsistent with Rule 93 of the Conduct of Election Rules, 1961.
Statutory provision(s): Representation of the People Act, 1951 (Sections 81, 83), Conduct of Election Rules, 1961 (Rule 93)
P. Milany v. Election Commission of India, (Madras)(DB) : Law Finder Doc id # 2920606
