EC rescinds Assembly elections in two Tamil Nadu constituencies over bribery concerns

Says Governor should have avoided recommending polls in Aravakurichi and Thanjavur be held before June 1

The Election Commission of India has decided to rescind the Assembly elections in two Tamil Nadu constituencies -- Aravakurichi and Thanjavur, over widespread corruption and voter influencing in the electoral process. The Commission also said the Governor of Tamil Nadu should have avoided writing to the Comission and recommending elections to the two constitituencies be held before June 1, 2016.

"The Commission is, with due respect, constrained to observe that the Governor should have avoided writing to the Commission as on 26th May, 2016," the EC order said. 

In an order today, the EC said it "recommends, under Article 324 of the Constitution and sections 15, 30 and 153 of the Representation of the People Act, 1951, read with Section 21 of the General Clauses Act, 1897 and all other powers enabling it in this behalf, to the Governor of the State of Tamil Nadu that he may be pleased to partially rescind the notification No.464/TN-LA/2016 dated 22nd March, 2016, insofar as that notification relates to the calling upon the 134-Arvakurichi and 174-Thanjavur assembly constituencies of Tamil Nadu State to elect a member each to the Legislative Assembly of the State. Revised schedule for the said two Constituencies of 134-Aravakurichi and 174-Thanjavur will be recommended by the Election Commission in due course of time".

The EC also said that when it postponed the poll in these constituencies, it had hoped that contesting candidates and the major parties would stop further acts of bribing voters but that allurement of voters by unlawful means continued even after. It also referred to a report received by the Commission about seizure of an amount of Rs 5,72,000 on May 18, 2016.

Accordting to the EC, allowing elections to proceed and to conduct the postponed poll on June 13, 2016 in such a vitiated atmosphere would severely jeopardise the conduct of free and fair elections and would not be reflective of the true choice of the electorate.

It noted that it it would be failing in its constitutional duty of ensuring free and fair elections if it permitted the elections to continue under such conditions.

A few days before Tamil Nadu went to polls on May 16, the Election Commission decided to postpone the elections in both constitutencies owing to complaints of bribing of voters and seizures of unaccounted cash. It had first postponed the polls to May 23, and counting of votes to May 25.