Chennai: The Madras High Court has said the Election Commission order on Chennai Police Chief R Nataraj's transfer is not binding on the Tamil Nadu government till a notification is issued.
A division bench comprising Justice P K Misra and Justice F M Ibrahim Kalifullah reserved orders after hearing the arguments.
The court said today that the EC and the Tamil Nadu government should consult each other and take a pragmatic decision on the issue.
The Election Commission had ordered transfer of Nataraj after he praised Jayalalitatha in a media interview, acting on a complaint lodged by Union Minister A Raja. The Commission had directed the state government to transfer Nataraj and send a panel of three names for the purpose of appointing his successor.
Besides the Tamil Nadu government, former Director Generals of Police W I Dawaram and Pon Paramaguru had moved the court, challenging the validity of the Commission's order.
However, the state government had challenged that order in the Madras High Court.
In fact the court today also said police commissioner Natraj could have been more circumspect.
In its counter, Tamil Nadu Chief Electoral Officer Naresh Gupta, who had filed a counter on behalf of the Election Commission, justified its action, saying that the order was issued to ensure free and fair poll in the state.
"Court did not go into the question whether the EC can take a decision on the basis of the statement or not. They've said they cannot substitute the opinion of the EC. They've also said the EC could have been more careful in making the statement.
But at the same time they've said the EC has full power to issue all ancilliary directions for conducting elections but so far as disciplinary control over staff of govt is concerned, they'll have it only after the notification is issued."
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