Hyderabad, Dec 5 (UNI) Telangana High Court on Saturday refused to interfere in the single judge order which set aside the Circular of Telangana State Election Commission (SEC) that allowed counting of ballot papers with distinguish marks instead of the arrow cross-mark rubber stamp as valid votes in the Greater Hyderabad Municipal Corporation Election which had ended on Friday.
The Division Bench headed by Chief Justice Raghvendra Singh Chauhan, while refusing to interfere, after the SEC moved the Court against the single judge order, said 'Go before the single judge and raise all your technical objections before him as he will take up the matter on Monday.'
'If you are still not satisfied after the single judge heard the matter again, then you file an appeal, not now,' the Chief Justice said.
On Thursday, SEC Secretary M Ashok Kumar clarified “if the intention of the voter is clear on marking to a particular candidate, that vote can be treated as a valid vote to the candidate since it is the mistake of the polling personnel under rule 51(h) of Conduct of Election Rules, 2005.
The results of those divisions where the ballots with such distinguish marks cannot impact final results can be announced, the Court on Friday said, directing the SEC not to declare results where the ballots with distinguished marks are in majority.
The SEC approached the High Court ths morning after the result in Neredmet division was withheld as the number of ballots with ‘distinguished mark’ other than ‘Swastik’ mark was more than the majority of TRS.
Challenging the SEC midnight circular of Thursday, the BJP workers approached the High Court. Justice A Abhishek Reddy, who heard the matter yesterday set aside the circular.
The Judge directed the SEC to filed a counter by December 7.
The SEC filed an appeal against the single judge order before the division bench stating it was interfering in the autonomy of SEC.
SEC's senior Counsel G Vidya Sagar told the Division Bench that even courts cannot interfere after the commencement of poll process.
The Bench headed by CJ however refused to interfere at this stage and asked the single judge to take up the matter on Monday.
UNI CS 1540