CHENNAI: State Election Commissioner M Malik Ferozh Khan and his secretary have been directed by the Madras High Court to appear before it on November 6 in connection with a contempt of court application.The first bench of Chief Justice Indira Banerjee and Justice M Sundar gave the direction while entertaining a contempt application from the DMK, by its organising secretary R S Bharathi, on Monday.
Earlier, Bharathi’s senior counsel P Wilson argued that even though there was a clear direction in the order dated September 4 that election notification for all local bodies should be published before September 18 and the election should be conducted by November 17, the SEC blatantly violated this order.
At a time when diseases like dengue and malaria are rapidly spreading, the local bodies need to be put in place. Further, the SEC’s action in not conducting elections would amount to a fraud on the Constitution.
Wilson also pointed out that the State government had repealed certain sections of the Tamil Nadu Panchayat Act, Chennai City Municipal Corporation Act, Tamil Nadu District Municipalities Act, Madurai City Municipal Corporation Act and the Coimbatore City Municipal Corporation Act and issued an Ordinance on September 3 last, a Sunday.
This was done just a day to the pronouncement of the order by the First Bench on holding the election to the local bodies, on September 4. There was no need for the executive to pass this Ordinance on a Sunday as there was no grave urgency to do so when the Assembly was not in Session, Wiulson pointed out.
The authorities were bound by the orders of the High Court and they could not dance to the tunes of the political masters and disrespect the intention of the Constitution makers. If this was the attitude of the authorities even to the direction issued by the first bench of the High Court, they should be taught a lesson, Wilson said.
The acts of the authorities were contemptuous and overreaching the court proceedings, particularly when the matters were heard and reserved for orders. This shows there is no rule of law prevailing in the State, Wilson contended.