SC overrules EC, counting on Feb 27

In a setback to the Election Commission, the Supreme Court today set aside its decision to advance the counting of votes for the Haryana Ass...

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In a setback to the Election Commission, the Supreme Court today set aside its decision to advance the counting of votes for the Haryana Assembly elections. The ballot boxes will now be opened only on February 27, as scheduled earlier.

A bench headed by Justice R.C. Lahoti, which was hearing a petition filed by INLD candidate Zile Singh, gave the order finding that there was no substantial reason behind the EC’s decision.

The court, however, made it clear that this order did not cast any aspersion on the power of the Commission to advance the counting dates depending on exigencies.

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The Commission, which on February 17, gave the ‘extra-ordinary’ order to advance the counting date to February 23, told the court today that its decision was not prompted by any extra-ordinary exingency.

Counsel for the Commission S.K. Mendiratta said the advancement was only to secure the early release of the election staff, security forces and public buildings where the ballot boxes were stored.

Singh’s counsel, however, maintained that this would create an anomalous situation as the postal votes could only be received by February 27. He cited Rule 54 of the Conduct of Election Rules, 1961, according to which the returning officer will first have to take into account the postal ballots before counting other votes.

EC said it had issued 77,000 postal ballots but the experience showed that only 10 to 15 per cent of the postal ballots issued were actually cast.

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Ever since the EC advanced the counting dates, INLD chief Chautala has been on a tug-of-war with the EC over 1.6 lakh postal ballots. He even went to the extent of accusing the Chief Election Commissioner T.S. Krishnamurthy of political bias.