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NT Bureau
Chennai, Feb 1:

        The Madras High Court today declined to restrain Chandrasekharan from continuing as the State Election Commissioner. However, the Court suggested that the bypolls can be conducted to 100 wards of the Chennai Corporation under the direct supervision of a retired State Election Commissioner or a former Judge.

        It may be recalled that SEC had notified elections to about 600 wards in various civic bodies in Tamilnadu, in addition to 100 wards of the Chennai Corporation.

        Ninety-eight of the wards in the city fell vacant after members of the DMK and its alliance partners resigned their seats after a split verdict by a Division Bench on 12 January.

        The AIADMK, the principal opposition, had recently filed a petition with the Madras High Court seeking to remove Chandrasekharan from the post of the State Election Commissioner (SEC).

        The AIADMK had made an appeal for his ouster in view of the criticism and strictures passed against the State Election Commissioner by the High Court.

        The AIADMK contended in its petition that the SEC should be removed or at least be debarred from functioning any further with respect to the elections of local bodies in Tamilnadu.

        The case came up for hearing before the two Judge Bench comprising Chief Justice A P Shah and Justice K Chandru this morning.

        Senior Counsel Jothy appeared on behalf of the AIADMK. During the arguments, Justice A P Shah questioned the urgency of the AIADMK in filing the petition even before a third Judge could deliver the final judgement on the split verdict. He further said the Madras High Court cannot deliver its final verdict in the issue.

        Jothy said 'since Chandrasekharan was a known loyalist to the DMK party and relative of a senior DMK Minister, we pray for his dismissal to ensure a free and fair election'.

        Intervening, Justice A P Shah said 'a separate writ petition should be filed for asking explanation from the SEC for his official acts and he cannot be removed from his office under this petition'.

        Jothy alleged that the SEC had announced the bypolls in a hurried manner without consulting the senior government officials or the police officers. 'We are not against bypolls but are only against the elections being conducted at the supervision of Chandrasekharan'.

        Justice A P Shah, said, 'since all the political parties have expressed their seriousness over the matter, the court can suggest holding the bypolls at the direct supervision of a retired State Election Commissioner or a former Judge'.

        He also instructed the Public Prosecutor to get the opinion of the State government in this regard and posted the case for further hearing on Saturday.