EC recommends to TN Governor cancellation of polls to 2 seats

In a first, the Election Commission today recommended cancelling polls to two Tamil Nadu assembly seats following evidence of use of money to influence voters, saying the atmosphere there is "seriously vitiated" to hold the democratic exercise at this stage.
From these two constituencies, cash of over Rs 8 crore has been seized. Authorities also recovered over 2,500 litres of liquor, besides gifts like silver, dhotis and sarees meant during searches.
While cancellation of polls normally takes place following evidence that rigging, muscle power and booth capturing was done to influence polls, this is the first time the poll body is recommending cancellation of polls because of voters being bribed with money, EC said.

The Commission has recommended to Tamil Nadu Governor K Rosaiah to cancel the notification regarding holding of polls to Aravkurichi and Thanjavur Assembly constituencies.
The Commission also said it will recommend to the Governor a revised schedule to hold the polls afresh for the two constituencies in due course of time.
In a detailed 29-page recommendation, the Commission said Rosaiah's 'observation' that the postponement of elections to the two constituencies will deprive the members to be elected from these constituencies to vote in the coming Rajya Sabha elections "is an extraneous consideration inasmuch as the members elected on the basis of an election which is not free and fair would not be true representatives of the electors of these constituencies."

It also said that "there is no requirement under the law that for conducting the elections to the Rajya Sabha, all the seats in the legislative assembly should be filled."

Earlier, EC had on two occasions postponed polls to Aravkurichi and Thanjavur Assembly constituencies following reports of large scale distribution of money and gifts to voters by the candidates and political parties.
Initially, the polls were postponed from May 16 to May 23. On May 21, EC had decided to once again postpone the polls to June 13.
Tamil Nadu went to Assembly polls on May 16 when AIADMK returned to power for a second consecutive term.

EC said it took the decision after considering reports of observers, special teams of central observers, report of the special team of observers of Aravkurichi and Thanjavur constituencies and representations of contesting candidates.
Giving details of the amount of money spent by parties
and candidates to influence candidates, the EC said the total seizure amounted to Rs 712,33,120 (over Rs 7 crore) of cash, 429.24 litres of liquor and 33.256 kg of silver worth Rs 9 lakh in Aravakurichi constituency, and Rs 75,20,850 of cash and 2145.12 litres of liquor in Thanjavur constituency upto May 15.
"It is pertinent to note that in Aravakurichi, there was a seizure of Rs 5,72,710 even after the order of postponement of poll by the Commission. It only reinforces the Commission's earlier apprehension that election in these constituencies is seriously vitiated...," the poll panel noted.

The Commission said M Baskaran, PMK candidate of Aravakurichi, had complained to it that even before the poll authorities raided the houses and premises of DMK and AIADMK candidates and their associates, huge money had already been distributed.
Baskaran had alleged that about Rs 59.4 crore was distributed by the AIADMK candidate and Rs 39.6 crore by the DMK candidate (about Rs 100 crore), a charge denied by both the political parties.
Referring to the letter written by state governor to the EC, the panel said that he should have "avoided" writing to the Commission on the dates of the poll to the two seats.

It said the Governor's suggestion that the Commission should have consulted him before altering the dates of poll is against the scheme of election process enacted in the Representation of the People Act, 1951.
It said even the Supreme Court had in 1978 upheld the position of the poll panel.
"Thus, neither the R P Act nor any other law requires that the EC should consult the Governor before making any changes in the election calendar set by the EC under Section 30," it said.