Madras High Court Dismisses Plea to Advance Date of Vote Counting

The Madras High Court has rejected a writ petition seeking to advance the date of vote counting for the Tamil Nadu elections scheduled for April 19. The petitioner, identified as Ezhilan, had approached the court requesting a directive to the Election Commission of India (ECI) to shorten the gap between the voting date and the counting date, which currently stands at 45 days.

In the hearing presided over by Chief Justice Sanjay V Gangapurwala and Justice D Bharatha Chakravarthy, the petitioner’s counsel argued that the prolonged gap between voting and counting went against the spirit of the Representation of the People Act, 1951, aimed at ensuring free and fair elections. The counsel contended that the delay in counting was arbitrary and illegal.

However, the bench observed that there was no provision in the Representation of the People Act mandating a specific period for counting votes. The petitioner’s counsel admitted to this lack of provision during the proceedings.

In its verdict, the court stated that the petition did not address any public interest and appeared to be more of a publicity-driven litigation. It emphasized that the Election Commission, as the authority responsible for conducting elections, has the sole prerogative to determine the polling and counting dates.

Additionally, the court underscored that interfering with the election program fell outside the jurisdiction of the High Court, as per Article 226 of the Constitution, which grants writ jurisdiction. It also cited Article 329 of the Constitution, which prohibits judicial interference in electoral matters.

The division bench’s decision reaffirms the constitutional framework that vests the Election Commission with the authority to regulate electoral processes, including the scheduling of voting and counting dates, without external judicial interference.