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MUMBAI: The Bombay High Court on Wednesday heard a petition filed by an independent questioning the constitutional legality of the February 16 civic elections. The court will hear the matter again on Thursday, giving time to the state election commission (SEC) to file its explanation. "The court has given us time to prepare our explanation. Beyond this I can't comment now," said advocate Sachin Shetye, who is representing the SEC. Anagha Atit Kolhe, a teacher and an independent from ward 115, Powai, said in her petition, that the SEC had violated guidelines under Sections 25, 26 and 27 of the Brihanmumbai Municipal Corporation Act, under which there should be a mandatory difference of 21 days between the day of election (last day of filing nominations) and actual polling day. The last day of nomination was January 31 and polling day is February 16, which does not add up to a 21 days. "By this logic, ideally the elections should have been scheduled on February 21. But the SEC has not fulfilled its duty and by delaying the process has hurt the chances of many candidates, especially those contesting independently. By the rule book, the elections are illegal," Kolhe told ToI. This is not the first time the election process in the state has been questioned. Last week, the high court came down heavily on the SEC for not being able to verify caste certificates accompanying nomination forms of candidates by a vigilance cell. HC admits plea on negative voting Swati Deshpande | TNN MUMBAI: The Bombay HC on Wednesday admitted a plea by Dr Mahesh Vijay Bedekar challenging rules governing negative voting during civic elections that compromise a voter's secrecy. The petition challenged provisions of Section 49 (O) of the conduct of electoral rules 196 and provisions of Section 17 of the election rules to Bombay Provincial Municipal Corporation (BPMC) Act, which its advocate Sanjiv Gorwadkar said violated a citizen's constitutional right of a secret ballot if he/she wishes 'not to vote'. The provision requires the voter to fill in form 17-A at the booth to exercise the right not to vote for any candidate. The court did not pass any interim order. |
| SOURCE: The Times of India |
