In a reprieve to former Tamil Nadu chief minister J Jayalalithaa in an election case filed against her by the DMK, the Election Commission on Monday told the Supreme Court ?no case of malpractices is found against the AIADMK supremo.?
?In the present case, the Returning Officers after having considered the matter, had decided that no case for action under Section 177 (furnishing false information to public servant) was made out,? the Commission stated in an affidavit filed at the apex court .
Jayalalithaa had approached the SC challenging the Madras High Court?s June 13 direction to the EC asking it to register a case against her for allegedly giving false data in the nomination paper filed by her during last Assembly elections. The HC had also observed that the Commission had ?not acted in the manner required by law.?
?In view of the aforesaid position, the poll panel, verily believes that it is for the returning officer to take necessary action under Section 177 of IPC read with section 195 (prosecution for offence relating to documents given in evidence) of Code of Criminal Procedure since the nomination papers are filed before returning officer, who acts as quasi-judicial authority while scrutinising the same,? the affidavit said.