CHENNAI: The State Election Commission (SEC) is facing difficulties in conducting elections to the local bodies by May 14, its senior counsel B Kumar told the Madras High Court on Friday. “Certain aspects in connection with the elections, which have to be completed by the State, have not been done yet. Hence, it would not be practically possible for the SEC to complete the election process by May 14,” Kumar told the first bench of Acting Chief Justice Huluvadi G Ramesh and Justice RMT Teekka Raman.
Meanwhile, activist A Narayanan, director of CHANGEIndia, moved the bench with a petition to implead himself as a party respondent in the case. He submitted that elections to a local body cannot be deferred beyond six months after the expiry of the term as it would violate the constitutional mandate.
The State Election Commission (SEC) is facing practical difficulties to conduct elections to the local bodies by May 14, its senior counsel B Kumar informed the Madras High Court on Friday. “Certain aspects in connection with the elections, which have to be completed by the State, have not been done yet. Hence, it will not be practically possible for the SEC to complete the election process by May 14,” Kumar told the first bench comprising Acting Chief Justice Huluvadi G Ramesh and Justice RMT Teekka Raman.
A Narayanan, director of CHANGEIndia, moved an impleading petition, relying on a five-member Supreme Court bench’s judgment, stating that the local body elections could not be deferred beyond six months after the expiry of the term.
Postponing the elections beyond six months would be violative of the constitutional mandate, his senior counsel N L Rajah told the bench, which wondered as to how the SEC can be compelled to hold the local body polls when it claimed that there are practical difficulties. The court directed the SEC to file a counter explaining the difficulties and the issues raised by Narayanan with regard to the SC ruling, and adjourned the matter to April 3.
The first bench headed by the then Chief Justice S K Kaul had on Feb 22 directed the SEC to hold the local body elections in the State not later than May 14. The commission was also directed it to “truthfully” comply with the order issued earlier by a single judge, including making mandatory filing of affidavits declaring criminal antecedents of candidates and uploading them on the commission’s website.
The December 2 interim order was passed on an appeal moved by the SEC assailing the order of a single judge dated October 4, 2016, which cancelled the election notification dated September 26, 2016, citing non-compliance with the TN Panchayat (Elections) Rules, 1995.