The Supreme Court on Monday granted four months time to the Tamil Nadu State Election Commission (TNSEC) to complete the election process to local bodies in the newly-carved out nine districts of the state.
A bench led by Chief Justice of India (CJI) N.V. Ramana granted time to the State Election Commission to complete the election process in the new districts of Kancheepuram, Chengalpattu, Vellore, Thirupathur, Ranipet, Villupuram, Kallakurichi, Tirunelveli and Tenkasi in Tamil Nadu.
Appearing for the State Election Commission, Senior Advocate Mukul Rohatgi originally asked for seven months (till April 2022) to complete the polls, but the bench was not inclined to give that much time. However, he agreed to the bench order, which gave four months extension to complete the polls.
“I will tell the Election Commission to speed it up,” Rohatgi told the court.
The State Election Commission had filed its application in a matter filed by S Shankar, who had previously filed a PIL on conducting the local body polls.
On November 20, 2021, the Supreme Court Bench led by CJI Ramana, had granted two days time to Senior Advocate P Wilson appearing for S Shankar, to file its reply on the application filed by the Tamil Nadu Election Commission.
Senior Advocate P Wilson, appearing for the petitioner, submitted before the Court today that he has no objection.
“everyone wants elections to be held for the local bodies. The new government, which was sworn in only in May this year, was working hard to achieve that goal,”
-he argued.
He said there were over 600 urban local bodies in the state and his petition was originally about the prolonged delay in conducting delimitation and election to local bodies in nine districts. That objective had been achieved.
On the last hearing, Rohatgi had apprised the bench that the process could not be completed on time as per the Court’s earlier directions due to the Covid-19 pandemic. To which, the Court took strong objection and said, “The government can do anything it wants to. But whenever the issue of local bodies elections comes up, they say no, no.”
Rohatgi replied that the state government’s workforce was busy with the Assembly elections in February and March, and later, with Covid-related work. The Court then sought the response of petitioner S Shankar on a plea by SEC within two days.
The Bench, which also comprised Justices Surya Kant and Hima Kohli, had also taken on record the notification issued on November 13, 2021 by the Secretary to the Tamil Nadu State Election Commission.
“We grant extension of time till September 15 to complete the entire process, including publication/notification of election schedule and the result thereof, as the Constitutional mandate to conduct elections in a time-bound manner cannot be defeated in this manner,”
-the Court noted.
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In its plea, the State Election Commission had submitted that the Government may require at least two months time for completing these formalities as a minimum six weeks notice period is required for altering the boundaries of existing local bodies.
On receipt of Government orders, the Statutory activities as required under Article 243R of the Constitution of India viz Delimitation of Wards in the proposed Corporations and Municipalities will have to be carried out by the Delimitation Commission by engaging the Heads of Departments and Employees of Local Bodies concerned.
Thereafter, the Reservation of Wards/Divisions to various categories has to be carried out as mandated under Article 243T of the Constitution of India. Consequently, the Electoral Roll of each ward so delimited afresh, in the newly-formed Corporations and Municipalities has to be prepared, based on the current Assembly Electoral Roll used for the Assembly Elections, 2021, as envisaged in rules 15 to 20 of the Tamil Nadu Town Panchayats, Municipalities and Corporations (Election) Rules, 2006.
Thereafter, for identification and publication of polling stations commensurate with the strength of voters in a particular ward, preparation and publication of electoral roll and printing of photo electoral rolls have to be prepared, for which 95 days are required. The Number of Electronic Voting Machines (EVM) to be used will be around one lakh and they have to be undergone First Level Checking (FLC) by the Technical Team of Bharat Electronic Ltd, Bengaluru.
In this connection, BEL has been requested on August 5, 2021 to organise a schedule for First Level Checking (FLC). BEL replied that they are ready to deploy Engineers. This exercise will require 75 days for its completion. Simultaneously, other activities like randomization of EVM, mobilization of polling personnel, procurement of polling materials, printing of forms and other statutory activities will also be carried out and completed and therefore, this applicant Commission needs minimum of seven months time from September 15 to complete the entire election process, in tune with statutory obligations stated in the plea.
In terms of prayer (a), Rohatgi submitted that the extension of time to seven months was not required as the elections were underway. In view of that, the Court had rejected the said prayer, as it became infructuous. The matter was then limited to extension of some more time to complete the Election Process.
The Supreme Court had, on June 22, 2021, directed the Tamil Nadu State Election Commission to conduct and declare the results of Local Bodies (ward and office) elections in nine districts by September 15.