In a setback to the Odisha Government, the State Election Commission (SEC) on Monday argued
in the Orissa High Court that once the process of election has started, no Rules governing the said election should be altered midway.
Arguing on behalf of SEC in the matter of recent amendment to the Odisha Zilla Parishad Election Rules, senior advocate Pitambar Acharya said the Supreme Court has repeatedly observed that the Government should refrain from interfering with the election process once it has commenced. Even the courts should not interfere either, he argued.
“The settled law is that no Government or court should interfere with the election process when it is in the halfway,” the SEC counsel said.
The State Panchayati Raj Department on March 8 this year amended the Election Rules of 1994 by incorporating a new clause just four days before the scheduled elections for the post of Presidents of Zilla Parishads on March 12.
An elected Zilla Parishad Member of Sundargarh district immediately approached the High Court challenging the Government’s act. Adjudicating the case, the court had issued notices to the SEC and the Government seeking their views in the matter.
A Division Bench headed by Chief Justice
Vineet Saran adjourned the case to be heard again on Thursday when the Government counsel would argue the case.