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Nothing wrong with Election Commission order on Gujarat polls: SC

The Supreme Court on Monday said there is nothing wrong in the Election Commission order on holding the Gujarat election in November-December.

The Court also expressed its inability to give an opinion on the presidential reference by the deadline of October 2.

"Perhaps, November-December is the most likely date for holding polls, so Gujarat is not an issue before us," a constitutional bench headed by Chief Justice B N Kirpal said, while fixing September 17 for commencement of hearing on the presidential reference.

The bench, also comprising Justice V N Khare, Justice K G Balakrishnan, Justice Ashok Bhan and Justice Arsayat, issued notice to the Union government, state of Gujarat and Chief Minister Narendra Modi on a Public Interest Litigation raising the question that the Constitution does not provide for any caretaker chief minister after the dissolution of assembly.

Earlier, the bench sought clarification from the Election Commission as to what it meant by saying it will consider holding of polls in Gujarat in November-December. "Is it for the consideration of fixing a timeframe for the election or is it the time for actually holding the election in the state?" the bench asked.

Senior advocate K K Venugopal, appearing for the Commission, said it was for holding of polls and not for considering the timeframe for the election. The bench then said, "We do not think it will be possible for us to decide the issues raised by the President by that time."

When Solicitor General Harish Salve pressed for an early hearing, the bench said, "If you think a decision can be given by the October deadline it is impossible for all practical purposes."

Separating the issues raised in presidential reference on the controversy over the Election Commission's power under Article 324 and the mandatory sitting of the assembly every six months under Article 174, from the holding of election in Gujarat, the bench said, "We do not think it will be possible for us to say that it will be incorrect to say holding of polls in November-December will be wrong."

Making clear the outline and scope of the hearing, the bench said it would not entertain any clarification on the facts and circumstances enumerated by the Commission for taking a decision to defer the polls. "We will proceed to hear the matter taking whatever the Election Commission has stated in its order as correct and we will not entertain any clarification," it said.

"We will hear only legal arguments pertaining to the issues raised in the reference, while accepting factually whatever Election Commission has said in its order," the bench said putting an end to the debate as to whether it was within the powers of the Commission to defer polls citing circumstances prevailing in the state.

Reacting to the observation, Congress spokesman Abhishek Singhvi said, "The Congress party has categorically noted that the Supreme Court has found nothing objectionable in the Election Commission's directive that elections after final review of the ground reality can be held in November-December this year."

When asked if the observation was a rebuff to Modi, he said: "It is only an observation of the apex court and we could react to that question only after the court pronounces an order or even an interim order."

"We are happy that the diabolical move of the BJP to take advantage of the state-sponsored holocaust will not succeed," Communist Party of India-Marxist leader Somnath Chatterejee told the rediff.com.

The Supreme Court had on August 26 issued notices to the Commission, all state governments and national political parties on the presidential reference relating to the controversy over the Election Commission's order postponing polls in Gujarat to November-December.

The three questions on which President A P J Abdul Kalam sought the opinion of the Supreme Court were: