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HC turns down EC plea for clarification of its order

The Madras High Court on Thursday turned down a plea by the Election Commission seeking to clarify a part of the court's June 13 order directing the commission to take penal action against former Chief Minister Jayalalithaa for making a false declaration while filing nomination papers for the 2001 state assembly polls.

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CHENNAI: The Madras High Court on Thursday turned down a plea by the Election Commission seeking to clarify a part of the court's June 13 order directing the commission to take penal action against former Chief Minister Jayalalithaa for making a false declaration while filing nomination papers for the 2001 state assembly polls.

Senior Counsel C Rajagopal, appearing on behalf of the EC, sought to clarify from a Division Bench, comprising Justice Dharmarao and Justice S Palinivelu, whether action could be taken against Jayalalithaa under section 125 A(ii) of the Representation of the People Act which came into existence after the commission of the alleged offence and dealt with filing of false affidavits.

Jayalalithaa had filed nomination papers from Andipatti, Krishnagiri, Bhuvanagiri and Pudukottai constituencies for the 2001 assembly polls.

In her nomination papers for Bhuvanagiri and Pudukottai constitutencies,Jayalalithaa had said that she had not filed nomination papers for more than two constituencies.

The AIADMK chief's counsel and MP N Jothi contended that his client had challenged the High Court order in the Supreme Court and he should be heard on the point of law.

Appearing on behalf of DMK MP C Kuppusamy, on whose petition the court had ordered action to be taken against Jayalalithaa, Rajya Sabha member R Shanmughasundaram alleged that the EC's plea was aimed at delaying the case.

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