The Chief Electoral Officer, 30.10.16
Public election department
Secretariat – Chennai-9
The General Secretary of the AIADMK Party Ms J Jayalithaa has been hospitalised for a serious illness from 22.09.2016. She is being treated in the critical care unit and for medical reasons has been isolated from outside contact.
The Election Commission has announced by polls to the three assembly constituencies of Aravakurichi , Thanjavur and Tiruparankundram. The AIADMK Party has officially nominated three candidates and they have filed nomination papers . The Forms A and B filed by the Tiruparankundram Assembly Constituency Candidate Mr A.K.Bose has been leaked in the Media. We were shocked to find that instead of signature the left thumb impression of Ms Jayalithaa has been obtained in the forms and it has been attested by Dr P Balaji who has claimed that as Ms Jayalalithaa has undergone a tracheostomy she was unable to use her right hand hence, her left thumb impression obtained.
THE ELECTION ( SYMBOLS AND RESERVATION) ALLOTMENT ORDER 1968 clearly states in clause 13(e) that e) Forms A and B are signed, in ink only, by the said office bearer or person authorised by the party: Provided that no fascimile signature or signature by means of rubber stamp, etc., of any such office bearer shall be accepted and no form transmitted by fax shall be accepted. It is clearly stated that signature in ink only will be acceptable and that there can be no substitute.
The clinical situation of Ms J Jayalithaa also raises the question whether the thumb impression has been obtained by the doctor breaching his fiduciary duty through coercion, misrepresentation, undue influence or fraud.
Competency is a global assessment and a legal determination made by a judge in court. Capacity, on the other hand, is a functional assessment regarding a particular decision. It is generally assumed that capacity includes one or more of the four key components of communication, understanding, appreciation and rationalisation or reasoning.
We submit that with the clinical capacity of Ms J Jayalalithaa in doubt she is definitely legally incompetent to authorise Mr Bose as the official candidate of the party. We request that based on the above grounds the request of the Tiruparankundram AIADMK candidate MrA.K. Bose for allotment of ” two leaves” symbol be rejected .
We also submit that if the AIADMK candidates for Thanjavur and Aravakurichi assembly constituencies have submitted Forms A& B with thumb impressions of Ms J Jayalalithaa instead of signature in ink they also be rejected.