SC rejects plea challenging EC's decision to hold WB assembly polls in eight phases
New Delhi: The Supreme Court on Tuesday dismissed a plea challenging the Election Commission's decision to conduct assembly elections over eight phases in West Bengal and seeking to bar the BJP and its leaders from using Jai Shri Ram as a slogan during the campaign.
A bench headed by Chief Justice S A Bobde initially told the petitioner to approach the Calcutta High Court.
I rely upon a judgement. This is not the matter of election petition. One party is using the religious slogan. Why should I go to the high court? advocate M L Sharma, the petitioner in the case, told the bench.
You are asking for prosecution. How can we pass such an order. The only power lied with the high court, that to the election petition, the bench, which also comprised Justices A S Bopanna and V Ramasubramanian, told Sharma.
When the petitioner referred a 1978 judgement of the apex court, the bench asked him to show the paragraphs in the verdict saying the top court can entertain a plea regarding malpractice in campaigning when the poll process starts .
Sharma said the matter be heard tomorrow, and the bench said, We cannot read it again and again, read it right now.
Alright, we don't agree with you. Dismissed, the bench added.
The plea had sought the apex court's direction to stop the poll panel from conducting eight-phase elections in West Bengal, alleging that it violates Article 14 (right to life) and Article 21 (right to life) of the Constitution.
On February 26, the Election Commission had announced the schedule for assembly elections to be held in West Bengal, Assam, Kerala, Tamil Nadu and Puducherry.
While the assembly polls in West Bengal will be held over eight rounds from March 27-April 29, polling in Tamil Nadu, Kerala and Puducherry will be held in one phase on April 6 and in Assam over three phases.
In his plea, Sharma had also sought a direction to the CBI to register an FIR into the alleged chanting of religious slogans during electioneering in West Bengal.
The chanting of "Jai Shri Ram, other religious slogans are creating disharmony" and is an offence under the Indian Penal Code and the Representation of the People Act, 1951, the plea had said.
"Whether using a provocative religious slogan 'Jai Shri Ram' is for electoral benefits as well as others is not violated S.123(3) & 125 of the Representation of the People Act, 1951," reads the legal question raised in the plea.
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Cong claims TVK chief Vijay has sought its support for govt formation in Tamil Nadu
New Delhi (PTI): The Congress on Tuesday claimed that TVK chief Vijay has sought its support for government formation in Tamil Nadu and its leadership has directed the state unit to take a final decision on the matter, keeping in view the state's sentiments.
The party, which fought the assembly election in alliance with the DMK, asserted that the mandate in Tamil Nadu is for a secular government and that it is determined "not to have the BJP and its proxies run the government of Tamil Nadu in any manner".
Top Congress leaders held a meeting at party chief Mallikarjun Kharge's residence on Tuesday evening that was attended by Leader of Opposition in Lok Sabha Rahul Gandhi and Tamil Nadu in-charge Girish Chodankar, among others.
Addressing the media after the meeting, Congress general secretary, Organisation, K C Venugopal said the Congress leadership discussed the post-election scenario in Tamil Nadu.
"TVK President Thiru Vijay has requested the Indian National Congress for support to form a Government in Tamil Nadu. He has spoken about drawing inspiration from Perumthalaivar Kamaraj as well, in his political mission.
"The INC is clear that the mandate in Tamil Nadu is for a secular government that is committed to protecting the Constitution in letter and spirit. The INC is determined not to have the BJP and its proxies run the Government of Tamil Nadu in any manner," he said.
"Accordingly, the Congress leadership has directed the TNCC to take a final decision on Thiru Vijay's request, keeping in view the sentiments of the state reflected in the electoral verdict," Venugopal told reporters.
Vijay's TVK won 108 seats in the 234-member Tamil Nadu Assembly, falling short of the halfway mark. He needs the support of 10 MLAs to form a government with a simple majority. The results were declared only on Monday.
The Congress has won five seats, while the Pattali Makkal Katchi (PMK) has bagged four seats. The CPI and CPI-M have two seats each.
On the other hand, the Dravida Munnetra Kazhagam (DMK) has won 59 seats while the All India Anna Dravida Munnetra Kazhagam (AIADMK) has won 47 seats.
The Bharatiya Janata Party (BJP) has won only one seat and so have the Desiya Murpokku Dravida Kazhagam (DMDK) and the Amma Makkal Munnettra Kazagam (AMMK), while the VCK has won two seats.
The Congress had fought the assembly polls in a pre-poll alliance with the DMK, while the BJP had a tie-up with the AIADMK.
