New Delhi: The Supreme Court on Wednesday made it clear to the Tamil Nadu government that holding of local body elections due in October 2016, but not held so far, had nothing to do with the determination of wards on the basis of 2011 population census by the Delimitation Commission set up by the State in July 2017.
A bench of Justices J. Chelameswar and S.A. Abdul Nazeer, made this oral observation when Solicitor General Ranjit Kumar, appearing for Tamil Nadu Election Commission submitted that local body polls could not be held at least for six months till the Delimitation Commission completed its exercise of delimitation of wards on the basis of 2011 census. The SG said after the delimitation exercise is completed, some more time was required for publication of electoral rolls on the basis of revised wards.
Justice Chelameswar told the SG that there is no mention in the July 2017 Act on delimitation that local body polls will be held on the basis of 2011 census, whereas the June 2016 Act clearly says that polls will be held on the basis of 2001 census. Pointing out that the last elections were held in October 2011, the Bench said "We have to examine whether there is conflict between two statutes or there is violation of the Constitutional mandate to hold local body polls at least within six months after the end of the previous tenure."
Senior counsel Aryama Sundaram, appearing for the State agreed with the Bench that unless the Tamil Nadu Municipal Laws (2nd Amendment) Act, 2016 (particularly Section 28AAA) is amended or repealed, elections could not be held on the basis of fresh delimitation. Counsel sought time to take instructions whether the provision would be repealed or not.
Counsel Amit Anand Tiwari, appearing for the DMK pleaded for withdrawal of the appeal on the ground that the Division Bench of the Madras High court had reserved orders on this issue. The Bench, however, told the counsel “we are examining the legal issue, whether there has been a breach of constitutional mandate or not. We are not permitting you to withdraw the appeal. We list it for final hearing on September 6.”
The Bench was hearing appeals filed by the DMK for a direction to declare the Tamil Nadu Municipal Laws (2nd Amendment) Act, 2016 and Tamil Nadu (2nd Amendment) Act, 2016 as ultra vires the Constitution so as to enable the delimitation of wards and reservation of seats in Urban and Rural Local Bodies election in 2016, to be according to 2011 census.
The DMK said that the State Government being in possession of the entire data related to the Census of 2011, as early as in 2013, there was no justifiable reason for the State Government to follow the 2001 census, for the elections in local bodies to be held in 2016.
