Police cannot prevent public meetings calling for poll boycott, says HC
MOHAMED IMRANULLAH S.
MADURAI, October 13, 2011
* Police to permit petitioner forum to hold meeting
* Petitioner sought permission from Thevaram police
* Judge rejects the contention of a Special Government Pleader
No organisation can be prevented from conducting a public meeting urging people to boycott elections as a mark of protest especially when there is an official recognition of the right of the electorate to reject all candidates by exercising the option of Rule 49-O of the Conduct of Election Rules, the Madras High Court Bench here said on Wednesday.
Justice V. Ramasubramanian made the observation while setting aside an order passed by Thevaram police in Theni district refusing permission to Vivasayigal Viduthalai Munnani, a farmers' forum, to conduct a public meeting urging the people to boycott the forthcoming local body polls to protest against alleged neglect of agricultural sector by successive regimes.
The judge rejected the contention of a Special Government Pleader that the petitioner forum's move was opposed to democratic principles. He said: "There is a small distinction between those who prevent willing voters from casting their votes and those who want to hold public meetings to express their anguish at the system and its frailty or fragility.
"The case of the petitioner falls under the second category. The right of the citizens to express their views freely not only in respect of matters relating to arts and culture but also in relation to the very system which had recognised their fundamental right of free speech, can never be curtailed. In fact, we have come to a stage whether there is an official recognition of the right of the people to reject all the candidates."
The judge directed the police to grant permission to the petitioner forum to hold a public meeting on any day, prior to the local body elections scheduled for October 17 and 19, subject to all other conditions that are normally imposed for holding such meetings. He agreed with petitioner's counsel S. Vanchinathan that the forum had every right to express its grievance.
According to the forum, more than two lakh farmers had committed suicide in the country on account of neglect of agricultural sector.
Therefore, an organisation espousing the cause of agriculturalists, the petitioner sought permission from the Thevaram police to conduct a public meeting on boycotting the polls.
But the police rejected the request by a non-speaking one line order and hence the present case.
Courtesy_
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