Chief Electoral Officer of Tamil Nadu today informed Madras High Court that it is for the Election Commission to decide who should be District Election Officer or Collector in an election and any direction issued when the polling process is on would amount to a interference in it.
In a counter to a petition by V Maran, DMK candidate in the December 4 Yercaud bypoll, seeking removal of Salem Collector for allegedly being bias and supporting the ruling party candidate, state CEO Praveen Kumar said the Commission is the sole authority to decide who should be District Electoral Officer.
He further submitted that the model code was in force from October 2, the date of announcement of the bypoll and that action had been taken wherever violations were noticed or reported.
Referring to the case of the health minister's reported official visit to Salem on October 14 in violation of model code, he said a report had been sent to the him the next day itself for further action.
He submitted that while ministers cannot be prevented from campaigning in their private capacity without using official machinery, their activities are being checked by putting a video trail behind them to monitor their movement as per EC's instructions to check any 'misuse' of official position.
Kumar also pointed out that the Returning Officer is vested with the responsibility of ensuring that the poll is conducted as per provisions of law and directions of EC and it would never hesitate to change any election officer if necessary in the interest of ensuring a free and fair election.
However, such a situation has not arisen so far, he said and sought dismissal of Maran's petition.
Justice K K Sasidharan before whom the petition came up adjourned the matter to December 3.
