Poll panel throws up hands

Bhubaneswar: The State Election Commission, which is responsible for conducting elections to the three-tier panchayati raj bodies, has no power to cancel the poll even if any irregularity is committed. This powerless state of the poll panel came to the fore after the commission found an electoral officer guilty of manipulating the withdrawal papers, but refused to stop the election process at a gram panchayat in Kendrapara district on the plea that it had "no powers to do so". But, the commission has asked the district collector to immediately remove officer Pattamundai block development officer (BDO) Prasant Rout from election duty. The BDO has been accused of accepting forged withdrawal of nomination papers of candidates pitted against the wife of "powerful" sitting BJD MLA Kishore Tarai. The two candidates - Gayatri Sethi and Pramila Mallick - had alleged that they had not withdrawn from the contest for panchayat samiti election at Penthapal. But, the electoral officer, despite objections, said that candidature of Babita Tarai, the wife of the local MLA Tarai, stands unopposed.

Asked whether the election process in the panchayat had been cancelled, secretary to the commission R.N. Sahu said it was not "within the powers of commission. They may go to the court and file an election dispute case". Official sources said the Odisha Panchayat Samiti Election Rules, 1991, were silent on allowing a candidate to contest if his/her candidature was found to be fraudulently withdrawn. The rules were also silent on cancelling the poll and ordering a fresh poll. The rules provide that any person aggrieved with the election process can file an election dispute case before the designated court of sub-judge. The rules provide for postponement of election only in case of disruption in polling and adjournment/countermanding of poll in case of booth capturing. Similarly, the poll may be countermanded if a "validly nominated candidate who has not withdrawn his candidature dies" or "if a candidate dies after the publication of list of contesting candidates". Also, the countermanding of a poll can be done in case of death of a candidate "during or after the poll but before publication of result". But the rules are silent on the course of action in case of electoral misconduct or forgery during the filing of nomination papers, scrutiny or withdrawal, pointed out a senior official of the commission. Congress leader Ganeswar Behera said: "The commission's action has vindicated our allegation. But this is not the end. We demand the arrest of BDO Rout and criminal case proceedings against him. Also, Gayatri Sethi and Pramila Mallick be allowed to contest." The Telegraph Calcutta