Intense debate on cards at all-party meet on poll

THIRUVANANTHAPURAM: The all-party meeting convened by the State Election Commission (SEC) on Monday to finalise the dates for the local body poll is set to witness intense debate on the issue of extension of election dates.

The SEC on Saturday held informal discussions with officials and standing counsel on the recent High Court directive entrusting the panel to take the final decision as per the constitutional requirement. 

Though the all-party meeting is aimed at reaching a consensus on extending the poll by a month, there is no unanimity among political parties on the issue at the moment.

While the ruling front, which is under pressure from the Muslim Leaguem is insisting on holding elections to the newly constituted 28 municipalities and Kannur Corporation, most opposition parties want the SEC to discharge its constitutional responsibility of having governing councils on November 1, 2015.

The SEC which had earlier reached a consensus with the government on holding poll to the new local bodies, however, wants additional time to complete the delimitation exercise.

The Supreme Court verdict in Kishan Singh Tomar vs Municipal Corporation of Ahmedabad 2006 case is also one of the factors weighing heavily on the mind of the SEC.

The apex court had held: “Should be an exceptional circumstance and shall not be a regular feature to extend the duration for the municipality, going by the provisions contained in Article 243 - U , it is clear that the period of five years fixed thereunder to constitute the municipality is mandatory in nature and has to be followed in all respects.”

Experts say that the apex court had referred to exceptional circumstances as man-made calamities like rioting or law and order breakdown or natural calamities, none of which now exists in the state.

In the present case, the only exceptional circumstance is holding elections to newly constituted 28 municipalities and Kannur Corporation.

It would require more than a month to complete the reconstitution of 30 blocks in which the new local bodies are spread out, which means the governing council would come into being only by December 1, 2015.

Since there is no political unanimity at this stage, experts fear that if anyone challenges extension of poll citing the SC verdict, the election commission will have to convince the judiciary about the exceptional circumstances.