CHENNAI: The Madras High Court on Monday stalled the local body elections in Puducherry rescheduled for 2, 7 and 13 November on the grounds of violation of the constitutional mandate of providing reservation for backward classes (BCs) and scheduled tribes (STs).
A special division bench consisting of justices R Mahadevan and Abdul Quddhose issued the interim orders, on a petition filed by DMK MLA R Siva, to keep the poll process in abeyance until 21 October and posted the matter before the first bench headed by the Chief Justice.
“... all further proceedings shall be kept in abeyance and the matter is directed to be listed on 21 Oct. before the first bench for filing counter-affidavit and for further orders,” the bench said.
The bench held the removal of reservation for BCs and STs to be a direct violation of the constitutional mandate. “... on 8th Oct., all referred GOs have been withdrawn thereby directly violating constitutional mandates by removing the reservation policies by the impugned notifications.”
It noted that the first bench had permitted the Puducherry government and the state election commission (SEC) to set right the anomalies pointed out by writ petitions. However, in contrast, the notifications for providing reservation to BCs and STs were rescinded.
The fresh election notification had rescheduled the polls for five municipalities and 10 commune panchayats to 2, 7, and 13 November after the original notification for the elections was cancelled owing to anomalies in allocating seats for Scheduled Castes (SCs) and women.
Senior counsel P Wilson, appearing for the DMK MLA, contended that when the empirical date for providing reservations is available, the Puducherry government has chosen to hold the polls without the reservations for BCs and STs.
He pointed out that all the 32 MLAs of the Union territory, cutting across party lines, joined together and passed a resolution pressing the Lieutenant Governor for the reservation.
As per the original notification, the polling was to be held on 21, 25 and 28 October but it was given up following an order of the first bench of the court directing to hold the polls by removing anomalies in reservation of seats but with reservation.