New Delhi: The Election Commission today (May 5, 2004) filed an appeal in the Supreme Court challenging a Patna High Court order directing it to consider countermanding elections in constituencies contested by candidates whose right to vote has been suspended as they are in jails.

Counsel for the Commission S Muralidhar mentioned the appeal before a three-judge Bench headed by Chief Justice S Rajendra Babu, which said it will look into the matter and list it for hearing "as soon as possible".

The EC had yesterday (May 4, 2004) decided to approach the Supreme Court with a special leave petition (SLP) after its meeting.

Elections 2004-The Drama unfolds...

Muralidhar had said, "The main objection to the April 30 high court order is taken under Article 329 of Constitution, which bars any court from interfering with the elections once the process is underway."

He had said the Commission felt that if the courts start interfering in the election process, it would result in disrupting the entire preparations.

The Patna HC had directed the Commission to consider countermanding elections in constituencies contested by prisoners, whose voting right have been suspended under the election laws.

A division bench comprising Chief Justice Ravi S Dhawan and Justice Shashank Kumar Singh had passed the order on two public interest litigations (PILs) seeking disqualification of those who had entered poll fray from jail and whose voting rights were suspended by the election laws.

The Bench also ordered the Commission to consider countermanding elections in the constituencies where proclaimed absconders had cast their vote.

The EC should act and act with speed and take a decision on these issues before declaration of results of the polls, the Bench had said.