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‘Civic polls notice done in a rush; table details of previous election’
Madras High Court today observed that the notification for next month’s local body polls in Tamil Nadu was done ‘in a rush’ without giving breathing time to political parties and directed the government to give details about the date of notification and nominations in previous polls.
Chennai
The court, acting on a petition from the DMK, seeking to quash the notification, asked the State Election Commission why the polls were announced on Sunday evening and the process of receiving nominations commenced the next day itself, without giving breathing time to political parties.
DMK had also sought a direction to Rural Development and Panchayat Raj Department, Tamil Nadu State Election Commission, Director of Town Panchayats, Commissioner of Corporation of Chennai, to conduct the polls by providing adequate reservation to Scheduled Tribes, followed by necessary rotation of seats in all the posts, as mandated in the Constitution.
The party said under the Constitution, reservation for STs, in panchayats and municipalities throughout the state is mandatory, while no reservation was made for STs for the post of District Panchayat presidents and Panchayat Union Presidents.
It alleged that even in Chennai, reservation for STs was not made available. DMK submitted that the notification was issued on Sunday evening and the process of receiving nominations started the next day. While no time was given to parties, the ruling party, which came to know of the reservations in advance, released the list of candidates on Sunday night. DMK produced an earlier judgement of the Full Court and said the plea is maintainable. The court perused it and pointed out that the order was against the then DMK regime.
“You are actually using the bomb which was fired against you,” the court said. The Advocate General submitted that the writ was not maintainable on two grounds. The first was that there is bar on hearing the election petition particularly after the issue of the election notification.
The other was that the term of local bodies cannot be extended after five years and it is mandatory to conduct the elections before the expiry of current term, he said. The court directed the Advocate General to furnish details of the date of notification and date of nominations in previous elections. It then posted the matter for further hearing. On September 25, the Election Commission had said that elections to over 1.31 lakh local body posts in Tamil Nadu would be held on October 17 and 19.
As announced the process of filing nominations began on September 26.
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