Can't Give 7 Months More For Urban Local Body Elections : Supreme Court To Tamil Nadu State Election Commission

A Bench Comprising CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli asked the State Election Commission to file an affidavit in relation to its prayer seeking an extension of 7 months to notify the Urban Local Bodies Election in the State. The Bench will take up the matter again after 2 days and accordingly decide the duration of extension be granted.

"No... not 7 months. We will see. File an affidavit let us see. After 2 days", the Bench said.

"You have gone for assembly elections, Parliament elections, elections rallies everything will happen but only for local body election you have excuses." CJI orally remarked.

The Bench was hearing a miscellaneous application filed 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.

The State Election Commission has 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.

During the hearing, Senior Advocate Mukul Rohatgi appearing for Tamil Nadu State Election Commission informed the Court that the Application has been filed for an extension of time by the commission.

"I don't want to grant even one day time, have respect for time of court." CJI said.

"You have gone for assembly elections, parliament elections, elections rallies everything will happen but only for local body election you have excuses." CJI further remarked.

Mr Rohatgi submitted that because of Assembly Elections from February to May the entire workforce was diverted there which was followed by the Covid issue.

Mr Rohatgi informed the Court that the Commission is not seeking an extension for holding rural local body elections since the elections are underway, notifications have been issued and they will be completed by 20th October.

With regard to prayer seeking extension of time for conducting Urban Body elections in the State, Mr Rohatgi argued that "We have had problems, the new government has granted merger for certain municipalities. I need 6 months time. Kindly grant some time"

The Bench however was not inclined to grant the time "Sorry. We can accommodate some reasonable time. 6 months, 1 year, 2 year what is this!"

"I've asked for 7 months. Lordship may give me 3-4 months and I will complete it." Rohatgi said.

"The Governments if they want to do certain things they are at a liberty to do anything whatever they want, but elections, no no no!" CJI remarked.

"Originally we were to do it from February onwards, but then time was spent in assembly elections." Mr Rohatgi said.

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

Click here to read/download the order