LItigation led to break in poll process: AG
The court, however, said this would be subject to the result of petitions pending before the Supreme Court.
Chennai: The Madras High Court has directed the State Election Commission to publish the notification announcing elections to local bodies in the State before September 18 and hold the polls by November 17. The court, however, said this would be subject to the result of petitions pending before the Supreme Court.
The First Bench Comprising Chief Justice Indira Banerjee and Justice M. Sunder also directed the Commission to upload the criminal antecedents of the candidates who would be in the fray in its website.
While disposing a writ appeal by State Election Commission and writ petitions filed by DMK and CHANGEIndia, the Bench said “there is violation of Constitution by not conducting the Local Body Elections and it is clear that under the Articles 243-U and 243-E of Constitution the duration of the municipality is fixed for a term of five years and every municipality shall continue for five years from the date appointed for its first meeting and no longer.
The appeal from Tamil Nadu State Election Commission challenged an order dated October 4, 2016 passed by the single Judge on a petition from DMK, which challenged the notifications announcing elections to local bodies in the State.
The CHANGEIndia, represented by its Director, A.Narayanan, submitted that appointing Special Officers for Urban and Rural local bodies till December 31, 2016 and further extending their tenure till June 30, 2017 violates the Constitution.
P.Wilson, Senior Counsel appearing on behalf of DMK, submitted that no post of Chairman in any Corporation had been reserved for Scheduled Tribes and for other local bodies, namely, Panchayat, Panchayat Union, District Union and Wards. The number of seats reserved was less and ST's constituted 0.38% of the population in Chennai and no seats had been reserved for them.
The Advocate General replied that due to litigation, there was a break in the chain of the election process and there was also a breach of the Constitutional obligation under Article 243-E of the Constitution of India. The present wards of local bodies are based on 1991 Census. There are wide disparities in the ward population within the local bodies and this was due to population changes that had taken place in the last 20 years. Wards have also become truncated due to merger of certain rural local bodies with urban local bodies.