The Madras High Court today adjourned hearing of an appeal by Tamil Nadu State Election Commission, challenging the October 4 order of a single judge cancelling local body polls and directing the poll body to issue a fresh notification and conclude them by December 31.
When the matter came up for hearing, the court concurred with the submissions of DMK that as the Commission has put the poll process in abeyance following the court order, the appeal should not be entertained.
SEC submitted there was no plea to set aside the poll. It said the order of setting aside the September 26 notification for the polls had resulted in 'grave miscarriage of justice'.
The judge in any event failed to see that the so-called contravention of Rule 24,25 of Tamil Nadu (Election) rules, 1995, may not amount to illegalities and at best could only be an irregularity which will not justify stopping of election after the notification has been issued, SEC submitted.
The Commission said the observation of the judge that it had acted with 'unwarranted hurry' was not justified in the light of the facts of this case.
The court after hearing both sides adjourned the matter to October 18.
Yesterday, SEC had moved an appeal in the high court against the single judge's order, quashing the notification for local body elections slated for October 17 and 19, even as DMK filed a caveat on the matter.
SEC had contended that as per Article 243 (O) (bar to interference by courts in electoral matters), once the election process was underway, no judicial order or restraint could be placed on the exercise.
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