EC versus HC: Official wanted an affidavit in his name | India News
NEW DELHI: One of the two members of the Electoral Commission had sought key changes in the draft of the EC affidavit filed in the Madras high court against his “murder” remarks and, later, the draft of the SLP before the Supreme Court, and had even drafted a statement sworn separately with a different approach, requesting its content to be part of the affidavit of the EC or the SLP. Indeed, he said the affidavit could be filed separately on an individual basis at Madras HC, if the necessary changes were not made to the EC affidavit.
One official stated that the arguments presented by the EC member were not incorporated into the EC’s affidavit or the SLP, nor was their affidavit filed or recorded separately. However, this was contested by another official who said that all relevant content was incorporated into the affidavit of the EC and SLP, which were approved by the member in question.
TOI learned that the EC member, hurt by the “unjustified” remarks against EC officials by the higher court and their demoralizing effect on the entire electoral machinery, had approved the affidavit drafted by the legal advisor, but placed it on the condition that it is aligned with another drafted by himself. This affidavit focused on the damning remarks against the EC, stating that the panel had been ahead of the Covid curve, rather than seeking a restriction on the media to report those remarks. In the event that the affidavit could not be incorporated, it could be filed with the court as a separate affidavit to be filed on your behalf, the member suggested.
A senior EC official said the panel’s attorney advised against filing a separate affidavit by an individual electoral commissioner when the case was brought against the CEC, and that the electoral panel should address the tribunal as an institution. When the EC affidavit was finally filed in Madras HC, neither the content of the dissident commissioner’s draft nor his separate affidavit appeared, another official said.