Madurai EVM Security lapse: Madras HC orders disciplinary
action against errant Election Officials
Meera Emmanuel April 28 2019
https://barandbench.com/evm-security-lapse-madras-hc-transfer-election-officials/
After it came to light that a Tahsildar and three other municipal officers had trespassed into a room proximate to an EVM strongroom in the Madurai constituency, the Madras High Court has directed that disciplinary action be taken against errant election officials in charge.
The order was passed on a plea filed in the wake of the alleged trespass by Su Venkatesan, an electoral candidate representing the Communist Party of India (Marxist).
For allowing the security lapse, the Bench of S Manikumar and Subramonium Prasad on Saturday directed the transfer of the following officials i.e. Dr S Natarajan, the Madurai Collector/ District Election Officer; Guruchandran, the Assistant Returning Officer to the Collector; Mohandas, the Assistant Commissioner of Police in charge of elections and other police officers in charge.
A letter addressed by the ECI dated April 27 (Saturday) informed the Court of their transfer appointments with immediate effect.
The Court was working on Saturday to compensate for the Court’s holiday on April 18, in view of the Lok Sabha elections in Tamil Nadu.
On noting that no punitive action had been initiated certain others, the Court has also directed the ECI to initiate disciplinary action or prosecution against the Personal Assistant (General) to the District Collector, Madurai District, among others reported having been involved in the incident as per a report of a designated Enquiry Officer.
The controversial incident occurred on the evening of April 20 in the No. 32, Madurai Parliamentary Constituency. The Electronic Voting Machines (EVMS) had been taken to a strong room in Madurai Medical College Premises.
The EVM strongroom was expected to be monitored round the clock under strict security conditions. However, on the evening of April 20, a woman Tahsildar was found to have entered the document storage room situated above the counting room where the EVMs were kept.
As per the petition, she was allowed entry without authorisation and remained in the building for three hours, “for the reasons best known to her.” During the hearing yesterday, the Court was informed that the Tahsildar has been suspended following the incident. Three other municipal corporation employees were also reported to have accompanied her.
The petition goes on to inform,
“They did not even have any identity cards issued by the competent authority… Very shockingly, the Police and security personnel took note of their unlawful presence, only after three hours and detained them. But, on the intervention of some unidentified top officials in the City, they were let off, for obvious reasons.”
On coming to know of their illegal entry, efforts were made to contact the Returning Officer (RO), S Natarajan. However, the RO did not respond. Rather, the petitioner contended that he was only able to meet the RO around midnight.
“Shockingly”, the petitioner goes on to submit, “he [RO] said that he was not at all aware of the said incident and he came to know it only through me; which is totally untrue as he cannot be a person unaware of the said incident, when the unlawful entrants were let off only at the intervention of some officials from his office.
The said unlawful entry was made with an intention to make possible manipulations in the postal ballots.”
A representation was consequently addressed to the Tamil Nadu Chief Electoral Officer (CEO) to initiate a high-level inquiry into the matter. The Additional CEO for Tamil Nadu was therefore deputed to Madurai as the Enquiry Officer. A report in the matter was also submitted to the CEO.
The petitioner further alleges that there may be possible collusion between the trespassing Tashildar and her team with the ruling party to do unlawful things in their favour.
However, citing the failure of the Election Commission officials to discharge their duty, the Court was approached to constitute a Special Investigation Team (SIT) headed by an officer not below the rank of the Principal Secretary to the Election Commission of India to conduct an enquiry into the matter under its direct supervision.
The petition also prays for a direction to provide a three-tier security system to election counting centres at Madurai and other constituencies through the deployment of adequate CPRF personnel.
Another interim direction prayed for was the appointment of a Special Observer in the rank of an IAS officer for No. 32 Madurai Parliamentary Constituency. The matter has been posted to be taken up next on April 30.
The order passed yesterday states,
“Having regard to the above discussion, we are inclined to grant the interim relief as prayed for, in the W.M.P.Nos.13147 and 13150 of 2019 and both the petitions are allowed.
We direct the registry to post the matter on 30.04.2019, for filing counter.”
Read the Order:
action against errant Election Officials
Meera Emmanuel April 28 2019
https://barandbench.com/evm-security-lapse-madras-hc-transfer-election-officials/
After it came to light that a Tahsildar and three other municipal officers had trespassed into a room proximate to an EVM strongroom in the Madurai constituency, the Madras High Court has directed that disciplinary action be taken against errant election officials in charge.
The order was passed on a plea filed in the wake of the alleged trespass by Su Venkatesan, an electoral candidate representing the Communist Party of India (Marxist).
For allowing the security lapse, the Bench of S Manikumar and Subramonium Prasad on Saturday directed the transfer of the following officials i.e. Dr S Natarajan, the Madurai Collector/ District Election Officer; Guruchandran, the Assistant Returning Officer to the Collector; Mohandas, the Assistant Commissioner of Police in charge of elections and other police officers in charge.
A letter addressed by the ECI dated April 27 (Saturday) informed the Court of their transfer appointments with immediate effect.
The Court was working on Saturday to compensate for the Court’s holiday on April 18, in view of the Lok Sabha elections in Tamil Nadu.
On noting that no punitive action had been initiated certain others, the Court has also directed the ECI to initiate disciplinary action or prosecution against the Personal Assistant (General) to the District Collector, Madurai District, among others reported having been involved in the incident as per a report of a designated Enquiry Officer.
The controversial incident occurred on the evening of April 20 in the No. 32, Madurai Parliamentary Constituency. The Electronic Voting Machines (EVMS) had been taken to a strong room in Madurai Medical College Premises.
The EVM strongroom was expected to be monitored round the clock under strict security conditions. However, on the evening of April 20, a woman Tahsildar was found to have entered the document storage room situated above the counting room where the EVMs were kept.
As per the petition, she was allowed entry without authorisation and remained in the building for three hours, “for the reasons best known to her.” During the hearing yesterday, the Court was informed that the Tahsildar has been suspended following the incident. Three other municipal corporation employees were also reported to have accompanied her.
The petition goes on to inform,
“They did not even have any identity cards issued by the competent authority… Very shockingly, the Police and security personnel took note of their unlawful presence, only after three hours and detained them. But, on the intervention of some unidentified top officials in the City, they were let off, for obvious reasons.”
On coming to know of their illegal entry, efforts were made to contact the Returning Officer (RO), S Natarajan. However, the RO did not respond. Rather, the petitioner contended that he was only able to meet the RO around midnight.
“Shockingly”, the petitioner goes on to submit, “he [RO] said that he was not at all aware of the said incident and he came to know it only through me; which is totally untrue as he cannot be a person unaware of the said incident, when the unlawful entrants were let off only at the intervention of some officials from his office.
The said unlawful entry was made with an intention to make possible manipulations in the postal ballots.”
A representation was consequently addressed to the Tamil Nadu Chief Electoral Officer (CEO) to initiate a high-level inquiry into the matter. The Additional CEO for Tamil Nadu was therefore deputed to Madurai as the Enquiry Officer. A report in the matter was also submitted to the CEO.
The petitioner further alleges that there may be possible collusion between the trespassing Tashildar and her team with the ruling party to do unlawful things in their favour.
However, citing the failure of the Election Commission officials to discharge their duty, the Court was approached to constitute a Special Investigation Team (SIT) headed by an officer not below the rank of the Principal Secretary to the Election Commission of India to conduct an enquiry into the matter under its direct supervision.
The petition also prays for a direction to provide a three-tier security system to election counting centres at Madurai and other constituencies through the deployment of adequate CPRF personnel.
Another interim direction prayed for was the appointment of a Special Observer in the rank of an IAS officer for No. 32 Madurai Parliamentary Constituency. The matter has been posted to be taken up next on April 30.
The order passed yesterday states,
“Having regard to the above discussion, we are inclined to grant the interim relief as prayed for, in the W.M.P.Nos.13147 and 13150 of 2019 and both the petitions are allowed.
We direct the registry to post the matter on 30.04.2019, for filing counter.”
Read the Order:
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