SEC goes to court to keep date with LB polls

Following the severe blow to the SEC from stopping of the election process owing to its failure to adhere to notification rules, it was expected that the SEC would make a mention of the issue before a division bench and seek an urgent hearing. While a huge crowd had gathered at the second court headed by Justice Huluvadi G Ramesh, the conspicuous absence of the counsel’s appearing for the SEC made it clear that no mention was going to be made. 

However, when reporters approached SEC’s counsel B Kumar, he said that the petition challenging the single judge’s order is being filed and it is at the numbering stage. The plea seeking to grant an interim stay of all further proceedings in pursuant of the single judge’s order has dwelt merely on a single aspect that the election process has gone up to the stage of scrutiny of nomination and that stalling it at this stage will put the commission to severe hardship. 

The aspects raised in support of it is that once the election process is underway, there can be no judicial order on any of the process as per Act 243(0) of the Indian Constitution. Similarly, as per article 243 (K), local body elections need to be held every 5 years and in Tamil Nadu the election has to be completed on or before October 24, 2016. Hence, the single judge’s order cancelling the elections ought to be stayed to ensure that the election process that had commenced is completed, the plea said. 

Justice N Kirubakaran had declared the notification for civic polls in the state, as null and void, holding that it violated the Tamil Nadu Panchayat Election Rules. 

The judge had observed that, the notification informing the public about election is to be issued first as per rule 24 (2) (i) of Tamil Nadu Panchayat Rules and only thereafter, the poll schedule notification should be published according to rule 24 (1). 

Incidentally, the DMK’s plea had only sought for adequate reservation to the Scheduled Tribes, and necessary rotation of seats in all the posts as mandated in the Constitution. 

Meanwhile, the DMK has moved a caveat plea that nothing be done in the matter without notice to them.