HC sets aside election of AIADMK candidate A K Bose

Chennai, Mar 22 (PTI) The Madras High Court on Friday set aside the election of ruling AIADMK candidate A K Bose, who died last year, in a 2016 by-election, holding that therewere violation of norms in affixing of then party chiefJayalalithaa's thumb impression on his nomination papers.Justice P Velmurugan gave the verdict allowing theelection petition filed by P Saravanan, the losing DMK candidate in Thiruparankundram constituency.He had challenged the victory of Bose in the November2016 assembly by-poll on the ground that the thumb impression of Jayalalithaa was not genuine.At the time of filing of the nomination papers for theby-poll, Jayalaithaa, also chief minister of Tamil Nadu, washospitalised for various complications. She died in December,2016.Quoting Supreme Court judgments and provisions ofthe Representation of People Act, the judge said affixing thethumb impression in Form A and B (by which a party authorises the candidature of its nominee) was generally not permissible under law.The Election Commission which had allowed it due to the medical condition of Jayalalithaa should have specified that the thumb impression be obtained in the presence of anofficer belonging to an administrative service not below therank of sub divisional officer, he said.Also, no medical proof was attached vouching for theillness of Jayalalithaa before the thumb impression wasobtained and none of the witnesses had stated about herphysical and mental status, the judge said.He said both the Commission as well as the state ChiefElectoral Officer had not taken any effective steps to ascertain the physical and mental status of Jayalalitha.Rapping the EC, the judge said that the Commission hadinstead permitted attestation of the thumb impression by amedical officer, which is contrary to the election laws laid down by the Supreme Court.He observed that the EC had acted as the mouthpiece ofthe ruling party and the Returning officer of the constituency too did not follow the election laws and had accepted thenomination of Bose, knowing fully well it was materiallydefective."The Election Commission, being an independent body, itis very unfortunate; it was acting as mouthpiece of rulingparty."Even, in evidence, no one has stated that they haveseen Jayalalitha and no one stated about the treatment, whichhad been given to her," the judge said, adding since the former chief minister had died, there was no proof that she was in a conscious state of mind at that time.At least, if she was alive, the court could have extracted truth regarding the thumb impression, he said.The judge also faulted Balaji who was allowed to attest the thumb impression of Jayalalithaa, saying it was not done in the presence of the Returning Officer or the Presiding Officer or such other officer specified by the ElectionCommission.Also, the attestation should have been videographed andproduced before the Returning Officer and also before thiscourt.In the absence of any documents showing that Jayalalitha was in a conscious state and in view of the non-compliance of mandatory provisions, the court was of the view that the Forms A & B are defective and materially affected, the judge said."This court is of the considered view that the Forms A & B are found defective as far as clause 13(c), (d) and (e) of the Election Symbols Reservation and Allotment Order, 1963," the judge held and set aside the election of Bose.With the judge delivering the verdict in the electionpetition, the decks have been cleared for holding by-electionsin the Thiruparankundram constituency.The EC, while scheduling by-elections to 18 vacantassembly seats in Tamil Nadu along with the Lok Sabha polls, had withheld polls in three other segments, includingThiruparankundram, citing pendency of election petitions. PTI COR VS APR SRY