A special bench comprising Justice M Sathyanarayanan and Justice M Sundar made this observation while hearing a contempt petition moved by the DMK against the State Election Commissioner, Principal Secretary, Rural Development and Panchayat Raj Department and Principal Secretary, Municipal Administration and Water Supply Department for defying the high court order issued on 4 September, 2017 directing TNSEC to notify the elections by September 18 and complete the election process by 17 Nov, 2017.
The bench on raising pertinent questions to the senior counsel appearing for TNSEC as to why you can’t hold elections as per 2011 census and what impedes you from doing so, pointed out that the plea moved in the Supreme Court has been triggered by the 4 September, 2017 order. However, on obtaining an assurance that they would withdraw a petition moved at the Supreme Court which was akin to the one moved at the High Court as well, the bench posted the case for further hearing to November 8. The bench also sought TNSEC to come out clear on their stands, which seems to be at variance to the submissions at the High Court and at the Supreme Court.
Earlier, Senior Counsel C Aryama Sundaram submitted an apology for the false averments made that both the principal secretaries were personally present in the court when the judgement was delivered on 4 September, 2017.
In separate counters they contended that actual intent of the content mentioned in the affidavit dated 24 September, 2018 was only to state that the fact of the promulgation of the said ordinance was brought to the notice of the first bench on 4 September, 2017 and the content in the said affidavit was done with no malafide intention.