Code violation: court wants poll panel to examine issues in

 The Madras High Court on Thursday said it was of the view that the Election Commission should examine the questions raised in a petition with regard to alleged violation of code of conduct by the DMK and its 18 candidates in the recent general elections.

Passing orders on a petition filed by K.R. Ramaswamy alias ‘Traffic’ Ramaswamy, the First Bench said the Commission, after examining the questions raised in respect of the activities, should take appropriate action so that it would be useful for future elections.

In his petition, Mr. Ramaswamy had stated that the DMK had suddenly called for a “general total bandh” on April 23 on the Sri Lankan Tamils issue, which was highlighted by the party and its allies to earn voters’ sympathy. DMK president M. Karunanidhi observed a fast on Kamaraj Salai, a place where no one was permitted to conduct even a demonstration.

The petitioner alleged that Mr. Karunanidhi had violated the Constitution and the model code of conduct. The Election Commission did not take any action against the State government.

In his counter, State Chief Electoral Officer (CEO), Naresh Gupta, said the model code of conduct for elections did not say anything explicitly on fasting, bandh, agitation, etc by political parties or their leaders.

However, in the rejoinder filed by him, the petitioner said the CEO, in his counter affidavit, had stated that the model code was formulated to ensure that no political party got unfair advantage by virtue of its being in office at the time of elections. He said his question was why the Chief Minister chose to observe a fast on the Sri Lankan Tamils issue on the eve of elections.