SC Reserves Orders On DMK's Plea Seeking Postponement Of Local Body Polls In Tamil Nadu

Supreme Court today reserved its order on a plea moved by DMK seeking postponement of local body elections in Tamil Nadu, which are scheduled for December 27 and Dec 30, on grounds that delimitation of 9 newly bifurcated districts have not taken place.

Senior advocate Abhishek Manu Singhvi appeared on behalf of the DMK and informed the court that the newly bifurcated districts would entail a change in boundaries, population profile and have new wards. Highlighting this, it was urged that since the due process of delimitation had not taken place, elections should be postponed till the same is complete.

The Bench, comprising of CJI SA Bobde, J BR Gavai and J Surya Kant, enquired whether the previous district wards could not be carried forward to the new ones. The CJI further asked what delimitation sought to achieve after bifurcation, and what the need for the same was. Singhvi responded by asserting that it was a part of the process and properly conducting local body elections was an integral part of democracy. He further stated that since the government had waited this long, it was only proper to wait another two weeks to ensure the process was followed first.

CJI Bobde then directed his attention to Senior Advocate PS Narasimha, who represented the Election Commission, and said "is delimitation not necessary after the bifurcation of districts in Tamil Nadu?" Narasimha responded in the negative and submitted that it was not required since the process of delimitation was based on census of the population which had been conducted before bifurcation in the original district.

CJI Bobde then turned to the government of Tamil Nadu, represented by senior advocate Mukul Rohatgi, and said that they were responsible for delaying elections by bifurcating the districts and are now saying that the procedure of delimitation is not required. He also stated that the law must be followed, and "if it involves postponement (of elections), so be it."

The state election commission made a suggestion that the bifurcation could be withdrawn and polls be conducted accordingly. The Bench seemed to agree with the same, and directed this to Singhvi. The CJI then gave the parties the option that bifurcation could be withdrawn and polls be conducted as per the suggestion, or polls may be conducted as per schedule in exclusion of the newly bifurcated districts.

The Bench then went on to direct the Advocate General of Tamil Nadu, Vijay Narayanan, to seek instructions from the government regarding these proposals.

The Advocate General came back post lunch and submitted that the the state election commission was agreeable to conduct elections for all other districts except the 9 newly bifurcated ones.

Taking this into account, the bench reserved its order.