CHENNAI: The Madras High Court has directed the Election Commission of India to file a response to a petition seeking a probe into the exploitation of children for indirect electoral gains by Tamilaga Vettri Kazhagam (TVK) which recently formed a coalition government in Tamil Nadu after winning 108 seats.
A vacation bench of justices GR Swaminathan and V Lakshminarayanan on Thursday granted a week’s time for the respondents including TVK, DMK and AIADMK, to file the reply and accordingly adjourned the matter.
The petition was filed by L Vasuki, an advocate from Bhuvanagiri in Cuddalore district. She stated that TVK president C Joseph Vijay addressed a public meeting at YMCA grounds in Chennai on April 24 and called upon the “children to emotionally influence or pressure their parents” regarding voting preference in the elections.
The petitioner stated that exploitation of minor children for indirect electoral influence “undermines constitutional morality” and “democratic fairness” and the ECI is duty bound to ensure purity and fairness in the electoral process and failure to investigate these corrupt practices amounts to abdication of duty.
She also raised allegations of bribing of voters against the DMK and the AIADMK during electioneering to influence the voters.
She sought the court to issue appropriate orders to hold a time bound inquiry into the allegations of corrupt practices against these three parties under section 123 of the Representation of People Act, 1951.
The petitioner noted that the inaction of the ECI in the face of widespread allegations affecting free and fair elections violates Articles 14, 19 and 21 of the Constitution and strikes at the basic structure doctrine.
She said she is seeking only enforcement of constitutional obligations and not adjudication of election disputes concerning individual candidates who have won the polls.
Referring to this particular point, the bench said if allegations are raised against individual candidates, then election petition shall be filed but if it is against a political party, writ petition is maintainable. It said, “The matter requires some investigation.”
Advocate Kanimozhi Mathi appeared for the petitioner.