High Court stays local body polls

The court has also directed the SEC to issue fresh notification and complete the election process before December 31. 

Justice N Kirubakaran sprang a surprise by striking down the notification which had fixed the polling date as October 17 and 19, despite the fact that the DMK’s plea had confined to seeking adequate reservation for the Scheduled Tribe, followed by necessary rotation of seats in all the posts and not for staying the polls. 

Though the judge quashed DMK’s plea as regards reservation, he held that a contention had been made during arguments that the election notification dated September 26 was not issued as per rule Rule 24 of the Tamil Nadu Panchayat Election Rules, 1995. “It is duty of the court to give a verdict on the issue and there cannot be any technical objections in this regard,” he said. 

As per Rule 24 of the panchayat election rules, there should be at least two notifications on two different dates pertaining to election announcement. Firstly, an announcement has to be made notifying the ensuing election and thereafter another notification om the election process. 

Based on the arguments put forth by DMK’s counsel P Wilson and Advocate General R Muthukumaraswamy, the judge held that “The intention of the legislation is to give definite interval between two notifications prescribed under Rule 24. The notification under Rule 24(2)(i) should specify the date of proposed elections followed by subsequent notification containing election schedule. By no stretch of imagination could both notifications be issued on the same day, clearly revealing the unwarranted hurry shown by the SEC.” 

Pointing out that the court was unable to accept the contention of the election commission that poll schedule notification was issued after midnight on September 26, the judge said, “There is no level playing field available to all the parties, as the ruling party, obviously had prior information about the election, as proved by the announcement of its candidates on the date of notification.” Justice Kirubakaran also directed the state to administer the local bodies by appointment of special officers till the elections are held, as the present terms are to expire soon and cannot be extended beyond five years.