CHENNAI: The Madras High Court has ordered notice to the Election Commission of India, directing it to file its responses to a petition seeking a probe into the exploitation of children for indirect electoral gains by the TVK which had won 108 seats in the recent Assembly polls and captured power with the help of post-poll alliance.
A vacation bench of Justices G R Swaminathan and V Lakshminarayanan on Thursday granted a week’s time for the respondents, including TVK, DMK and AIADMK, to file reply.
The petition was filed by L Vasuki, an advocate from Bhuvanagiri in Cuddalore district. She stated that TVK president C Joseph Vijay, during a public meeting in Chennai on April 24, called upon children “to emotionally influence or pressure their parents” regarding voting preference in the elections.
The petitioner stated that exploitation of minors for indirect electoral influence “undermines constitutional morality” and “democratic fairness” and the ECI is duty-bound to ensure fairness in the electoral process, and failure to investigate these corrupt practices amounts to abdication of duty.
‘ECI inaction hits Constitution’s basic structure’
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.