M A I N   N E W S

EC defers hearing on strike
To wait for apex court observation

NEW DELHI, Sept 11 — The Election Commission (EC) today deferred the hearing on the issue of enforcement of hartal by political parties in the wake of the special leave petition (SLP) filed in the Supreme Court by the CPM and the Congress on the issue.

The commission observed it would be appropriate to wait for the direction from the Supreme Court since two major political parties, the CPM and the Congress, had already filed an SLP and counsel for the Kerala Government had also advised the state government to file the same.

“You are making our job easier”, the Chief Election Commissioner, Dr M.S. Gill, said after a brief 15-minute sitting.

He observed this was an important issue for the democratic and electoral process and needed substantial discussion.

Stating that the issue would have wide-ranging implications, Dr Gill said, “It is advisable at this stage not to start the hearing”.

Senior CPM leader Prakash Karat and Congress counsel Pawan Bansal said it would be prudent to wait for the apex court verdict on the issue.

The CPM general secretary, Mr Harkishan Singh Surjeet, and another senior party leader, Mr S. Ramachandran Pillai, and a Congress leader, Mrs Margaret Alva, were also present.

Declaring that enforcement of hartal using force, intimidation, physical or mental coercion would be an unconstitutional act, the Kerala High Court ruled in early June that no political party or organisation had a right to enforce it.

The court also directed the commission to entertain complaints, if any, of violations of Section 29A(5) of the Representation of Peoples Act, 1951, by any registered political party or association and after a fair hearing to take a decision thereof for de-recognising or cancelling registration of that party or organisation if the circumstances of the case so warranted.

Earlier, the commission had issued notices to the CPM, the Congress, the Chief Secretary and the Director-General of Police of the Kerala Government and a non-governmental organisation, the Institute of Social Welfare, which is one of the petitioners to appear before the poll panel for hearing the case.