New Delhi, May 5
The Election Commission (EC) today filed an appeal in the Supreme Court for stay of Patna High Court order asking the poll panel to "consider" countermanding elections in those constituencies where undertrial prisoners were in the fray even as their right to vote was suspended.

EC counsel S Murlidhar made a special mention before a Bench, headed by the Chief Justice, Mr S Rajendra Babu about the filing of the Special Leave Petition (SLP).

Challenging the High Court's April 30 order, the SLP, which is likely to be taken up for hearing soon, raised three important questions of law — whether the courts have jurisdiction to issue a direction of this nature amidst the ongoing poll process under Article 329 (b) of the Constitution.

— Was such a direction sustainable under the existing laws and would not it entail disruption of the electoral process before the declaration of results.

— And whether a person under lawful custody of police or jail, was disqualified from contesting election under the Representation of People's Act, which was the statute dealing with a person's right to vote, to contest election and right to challenge the election of a person.

The EC said once the poll process was set in motion, no direction could be issued by the court to "disrupt" it and if any person had objection to the election of a candidate for reasons that it was in violation of law, the remedy was by filing the election petition after declaration of results.

The commission did not agree with the High Court's observation that it had not taken appropriate steps to bar the entry of criminals in the poll fray, saying "it has been making proposals for the past several years on the question of criminalisation of politics to the Union Government"

To check the entry of criminals in the election arena, a detailed order was issued by the commission on August 28, 1997, it said.

Lucknow, May 5
Prime Minister Atal Bihari Vajpayee cast his vote amid tight security here today. Attired in white dhoti-kurta and black waistcoat, Mr Vajpayee arrived at Bishun Narain Inter College at 9.45 a.m. to exercise his right of franchise.

He stood in a queue before he cast his vote. The Prime Minister was accompanied by his personal aide Shiv Kumar. Mr Vajpayee made a victory sign after emerging from the polling booth.

“The NDA is all set to return to power,” the Prime Minister told reporters before he went to cast his vote. “We will get enough numbers to form the next government,” he added.

However, he parried the question whether the BJP would get over 250 seats. “We need 272 seats to form the next government and will get that,” he said. He later left for Amausi Airport.

Congressmen are unable to understand why the Gandhi siblings did not canvass for the party, particularly after the overwhelming response they got in the few constituencies which they did visit in Uttar Pradesh. In fact, party headquarters has been inundated with requests from states virtually beseeching that either Rahul or Priyanka Gandhi canvass for them.

These pleas, however, appear to have fallen on deaf ears. Besides managing Congress president Sonia Gandhi’s election in Rae Bareli, the two other constituencies Priyanka Gandhi visited were Amethi and Sultanpur. Rahul Gandhi, on the other hand, did venture out of his own constituency Amethi but restricted himself to what were identified as “winning seats.”

“It is really a mystery as to why Rahul and Priyanka did not campaign,” remarked a senior Congress leader, a sentiment echoed by many in the party. There are not too many takers for the explanation proferred by party strategists that they did not want to “over expose” the Gandhi siblings or to confine Rahul Gandhi to safe constituencies. Priyanka Gandhi’s “no show” for the party campaign is being put down to Mrs Sonia Gandhi’s “son preference” and the need to project Rahul Gandhi as the heir apparent.

Bitter partymen maintained there could be no “half-measures” in politics, stating that since he has opted for a political career, Rahul Gandhi should plunge into it wholeheartedly. “Earlier, the party and the family were synonymous but it now appears that the family is more important than the party,” said a miffed Congress functionary.

It was stated that party cadres and candidates in Rajasthan and Madhya Pradesh are particularly upset as they had been treated as virtual “orphans” with the party leadership spurning their offers for help. Having been routed in the assembly elections only recently, the party in these states needed extra assistance.

Maintaining that the NDA had virtually “snatched victory from defeat”, insiders said they could have won this battle if the party had made that little extra effort on even 20-odd more seats.

New Delhi, May 5
The Supreme Court today issued notices to Uttar Pradesh Chief Minister Mulayam Singh Yadav, his brother Shiv Pal Yadav, the state government and 10 others on a petition challenging the dropping of charges of corruption and atrocities against Dalits under the SC and ST Act in two cases relating to attack on BSP leader Mayawati in 1995.

A Bench, comprising Mr Justice K.G. Balakrishanan and Mr Justice B.N. Srikrishna, issued the notices on an appeal by BSP leader Barkhuram Verma and others against the Allahabad High Court’s January 28 judgement, setting aside the trial court order taking cognizance of these charges against Mulayam Singh, his brother and 10 others.

In all, 66 Samajwadi Party leaders and workers were charged in the case in which party leader Ateek Ahmad was the main accused.

Lucknow, May 5
A Rastriya Lok Dal (RLD) local leader was shot by some unidentified persons in Bagpat district today.

Principal Secretary (Home) Anil Kumar told newsmen here that the deceased was identified as Sukhbir Rathi of Tikri village under the Doghot police station area of the district.

The incident, however, had no connection with the elections under way in the state today, he claimed, adding that old enmity was the cause behind the killing.

An FIR was lodged against five persons of the village though no arrest had been made so far, he stated.

Bhopal, May 5
Mr Swami Prasad Lodhi, elder brother of Madhya Pradesh Chief Minister Uma Bharati, decided to become a sanyasi, like his sister on the last day of Simhastha in Ujjain yesterday when he took ‘deeksha’ (spiritual initiation) from Sant Aasaram Bapu.

He said he was feeling mentally disturbed as he had got fed up with politics. Having been denied ticket by the BJP, Mr Lodhi had kept the BJP and Ms Uma Bharati on tenterhooks for quite some time by hobnobbing with Congress leaders and holding out threats to “expose the sins of Uma Bharati after which she will not be able to face the world”. Mr Lodhi was particularly bitter about Ms Bharati’s “advisers”, notably Mr Govindacharya.

Mr Lodhi’s choice of Sant Aasaram Bapu for taking ‘deeksha’ came here as a surprise to many even as the country’s topmost sants and mahants were present in Ujjain on Tuesday because of the last ‘shahi snaan’ of Simhastha.

Some “Uma watchers” see in Mr Lodhi’s move a definite design. Sant Aasaram Bapu has a sizeable following in Chhindwara constituency and he had for some time been bestowing his blessings on Congress leader Kamal Nath.

New Delhi, May 5
The Election Commission today assessed the poll preparations along with the Chief Electoral Officers (CEOs) of Punjab, Haryana, Himachal Pradesh, and Chandigarh, which go to the polls on May 10, the final phase of staggered polling.

The three-member poll panel comprising the Chief Election Commissioner, Mr T.S. Krishna Murthy, and the Election Commissioners Mr B.B. Tandon and Mr N. Gopalaswami, reviewed the law and order situation and the poll preparations in these states.

EC sources said the poll panel discussed the deployment of Central paramilitary forces in the sensitive and hypersensitive polling booths in these three states and one UT.

They also discussed the measures taken by the authorities to prevent rigging and other electoral malpractices on the polling day.

New Delhi, May 5
The Union Government today opposed blanket deployment of Central forces in the post-Godhra riot-hit areas of Gujarat and told the Supreme Court that it would inform by Friday the localities which needed such forces for protection of the witnesses in the riot cases.

Opposing submissions of amicus curiae Harish Salve seeking deployment of a force like the CRPF in the worst-hit areas, Solcitor-General Kirit Raval submitted before a Bench comprising Mr Justice Ruma Pal, Mr Justice S.B. Sinha and Mr Justice S.H. Kapadia that the Centre, on the basis of a recent report, was contemplating doing it in certain areas to protect witnesses.

However, he opposed the idea of withdrawing the state police force from all the worst riot-hit areas saying a “very careful view needs to be taken in the matter as law and order is a state subject”.

Additional Solicitor-General Mukul Rohtagi, appearing for the Gujarat Government, said the state had no objection if in some areas Central forces were deployed for the protection of witnesses but opposed their deployment in all such affected areas.

Mr Salve pleaded that the presence of Central forces would give a sense of security to the harried residents of areas like Naroda Patiya, Gulbarg society and Sardarpura, who belonged to the minority community and witnessed gruesome massacres.

He said one could not blink to facts like the apex court’s recent order in the Best Bakery case severely indicting the Gujarat Government and the recent charge sheet by the CBI against eight police officers, including the investigating officer, in the Bilkis Yakoob Rasul gang rape case.

New Delhi, May 5
The Supreme Court today declined to entertain a petition seeking ban on cow slaughter throughout the country, saying there was no law under which such a direction could be issued.

A Bench comprising the Chief Justice, Mr S. Rajendra Babu, Mr Justice G.P. Mathur and Mr Justice S.H. Kapadia dismissed a petition, holding that the Directive Principles of the state policy, to which the petitioner had referred as guidance for imposing the ban were not enforceable under law.

The petition was filed by Satya Prakash, contending that cow was pious for Hindus as they treated her like mother, and hence its slaughter should be banned.

His counsel also argued that many states had already imposed a ban on cow slaughter, which could be extended to the entire country.

The cow slaughter had become a major issue during the elections to four state Assemblies last year, especially when the then Madhya Pradesh Chief Minister Digvijay Singh had proposed to ban it in the state.

New Delhi, May 5
The Supreme Court today dismissed a petition challenging the University Grants Commission (UGC) decision to introduce Astrology as a subject at the university level. A Bench of the Chief Justice, Mr S. Rajendra Babu, and Mr Justice G.P. Mathur, dismissed an appeal by Mr P.M. Bhargava against the Delhi High Court order, rejecting his petition earlier.

Mumbai, May 5
Farmers in western Maharashtra backed by the Shiv Sena are threatening to derail an ambitious project to generate power from windmills in this power-starved state.

Blaming the windmills for the prolonged drought in the region, farmers are demanding that the windmills be shut down during monsoons.

“We are demanding that the Maharashtra Government appoint a scientific committee to study the effects of the windmills on rain-bearing clouds,” says Shiv Sena legislator Kanhaiyalal Gidwani who is backing the agitating farmers. The Shiv Sena has warned that the windmills may be torn down if the Maharashtra Government does not meet their demands.

Quoting some local environment groups, agitating farmers say the windmills are responsible for diverting the rain-bearing clouds elsewhere thereby depriving nearby areas of rain.

However, state government officials say, the windmills are concentrated in just three talukas of Satara while over 100 talukas in the area have been suffering drought for the past three years.

The Indian Wind Energy Association, which represents investors in the windmill power sector, claims that windmills do not have any effect on rain-bearing clouds. “Cloud formation happens at over 6000 feet, so they cannot be affected by windmills,” says J.N. Malaviya, a representative of the IWEA.

The farmers’ demand to shut down windmills during monsoon could have an adverse affect on the wind energy sector. “Power output from the windmills is maximum during the monsoon in Maharashtra when the velocity of the winds is high,” says Malaviya. According to him windmills in Maharashtra generate 80 per cent of their output during monsoon.

Maharashtra’s main wind energy farm at Satara, the target of the farmers’ ire, has 600 windmills installed on a plateau 3,000 feet above sea level. The wind farm also provides employment to some 6000 persons, according to the Maharashtra Government.

The Maharashtra Energy Development Authority (MEDA) set up by the state government has so far identified 27 feasible sites for wind energy farms. While projects are operational at four sites, work on six other sites are expected to be complete shortly, according to state government sources.

Of the country’s total installed capacity of 1,340 MW in the wind power sector, about 30 per cent is in Maharashtra.

With Maharashtra set to go for assembly elections later this year, the state government is swayed by the demands of the farmers. “If experts recommend the shutting down of the windmills during monsoon, the state government won’t hesitate to do so,” Maharashtra’s Finance Minister Jayant Patil told reporters recently.

Blast accused turns approver
Tribune News Service

Mumbai, May 5
An accused in the twin bomb blasts that killed 52 persons at the Gateway of India and Zaveri Bazaar on August 25 last year has turned approver before the special court.

The court constituted under the POTA allowed the accused to be approver after he agreed to disclose everything about the conspiracy.

Judge A.P. Bhangale of the court while allowing the person to turn approver asked the media not to reveal his name. The judge also promised to pardon the accused if he confessed everything he knew about the conspiracy.