Supreme Court Grants Tamil Nadu State Election Commission 4 Months Final Extension To Complete Urban Local Body Elections

While observing that the reasons for seeking extension were 'silly', the Supreme Court on Monday agreed to grant an extension of 4 months to Tamil Nadu State Election Commission for notification of the process of Election of Urban Local Bodies in the State.

A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli issued the direction in a miscellaneous application filed by the Commission seeking extension of time for conducting elections of rural bodies in the 9 newly carved districts in the State and notifying the process of election of Urban Local Bodies in the State of Tamil Nadu.

On last occasion, the Commission had informed the Court that rural local body elections for the 9 districts are already underway and no extension is sought anymore in that regard.

During the hearing today, the Bench expressed its surprise at the petitioner supporting the Government's request for an extension.

"Mr Wilson you file this petition for election filed this petition for elections. Now you are agreeing for adjournment?" the Bench asked the Petitioner's Counsel Senior Advocate P Wilson.

Senior Advocate P Wilson appearing for the original writ petitioner responded to the Court's statement saying that, the issue in the petition was only with respect to the new 9 districts and rural local bodies where the petitioner had asked for conducting the delimitation and election for 9 districts, and that has already been done.

Mr Wilson added that now the application is for the urban body elections where the Commission has to conduct election for more than 600 urban bodies. He stated that the new government came on 7th May 2021, has announced formation of 6 municipal corporation, 28 municipalities, and the existing 528 town panchayats will decrease.

Senior Advocate Mukul Rohatgi, appearing for the Tamil Nadu State Election Commission, sought for 7 months time to complete the urban body elections.

"Mr Rohatgi, even though reasons are very silly, we want to give some time. When do you want?" CJI said.

Mr Rohatgi submitted that the time is being sought because of these new corporations and dimensions that have emerged. He sought time till end of April 2022 to complete the elections.

"4 months. Final." the Bench said.

Through the present miscellaneous application, the State Election Commission sought the following two reliefs through its miscellaneous application:

• Further time of 35 days for completing elections of rural bodies in remaining 9 districts from 15th September, 2021 to comply with the order dated 22nd June.
  
• An extension of seven months from 15th September to notify the process of Election of Urban Local Bodies in the State.
  

The Supreme Court had on 22nd June, 2021 directed the State Election Commission in Tamil Nadu to conclude the entire process of the local body elections in the nine newly carved districts by 15th September 2021, including publication/notification of election schedule and the result of the elections.

The Supreme Court had previously directed the State in December 2019 to delimit the nine newly constituted districts within a period of three months. However, the State had taken more than 18 months to conclude the same and sought for 6 more months to conduct the election.

In the December 11, 2019 order, a Supreme Court Bench of former Chief Justice of India SA Bobde, and Justices S. Abdul Nazeer and Sanjiv Khanna, had disposed of the PIL by issuing direction to the Respondents that the impending elections to all wards and offices were to be conducted relying on the 2011 census irrespective of the number of seats after the delimitation exercise.

The time that had been given to carry the delimitation exercise had been fixed at 3 months.

Case Title: S Shankar vs The Election Commission of India

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