Telangana High Court has made it clear that it cannot intervene once the poll process begin while rejecting a petition seeking to stay polls citing farmers, who entered the electoral fray, were not allotted symbols by the Election Commission.
This was pronounced by a division bench comprising acting Chief Justice Raghavendra Singh Chauhan and Justice A Rajashekhar Reddy, while dealing with a petition filed by 16 farmers.
The Supreme Court judgment was cited of the NP Ponnuswami case and said that the court have no jurisdiction to intervene in the election process under Article 226, once it has commenced.
The court also told the petitioners that they enjoy the liberty to file election petition under Section 100(4) of the Representation of the People Act, to set aside the election result, only after completion of the election process.
The bench, while admitting the petition filed by the farmers under Rule 10(4) and Rule 10(^) of Conduct of Election Rules, directed the petitioners to implead the Centre as the respondent in the case and adjourned the case for two weeks.
Counsel for the petitioners, Rachna Reddy submitted that the EC was showing discrimination against the farmers and was violating the election rule, which states the independent candidates should be allotted the election symbol after the scheduled day of the withdrawal of nominations.
She said in this case, the withdrawal of nomination papers, an additional affidavit was filed along with a copy of the nomination papers of the some of the petitioners.
Although, the EC managed to arrange EVMs within two days, yet no effort seems made to allot symbols. She said her clients had not asked to cancel the elections, but only requesting to avail the chance to canvass with their symbol.
However, the court made it clear that it was not inclined to issue interim directions to postpone elections.