Civic polls: State asked to file consent affidavit

A division bench comprising Justice M Sathyanarayanan and Justice M Sundar, on passing the above order also dispensed with the further appearance of Principal Secretary to Rural Development and Panchayat Raj Hans Raj Verma and Principal Secretary to Municipal Administration and Water Supply Harmander Singh, who were present before the bench on Friday.

Earlier, Supreme Court lawyer Ariama Sundaram appearing for both the officials contended that ordinance is a legislative action and not an executive action. 

Owing to delimitation based on the present census the ordinance was passed to that effect and that is a legislative action and no malafide can be attributed to it.

However, senior counsel P Wilson appearing for DMK organising secretary R S Bharathi said the officials had defied the court order seeking to complete the local body polls by November 17 last year. 

He contended that the action of officials showed sheer abuse of power and to overreach the court proceedings and ought to be punished under Rule 9(4) of the Contempt of Courts Act.

It may be noted that the bench which issued the statutory notice to both the IAS officers on August 14 had observed, “It appears that the proposal for promulgation of the ordinance has been moved at the instance of the above officials. Prima facie contempt has been made out. 

Statutory notice is issued to the above official's for willful disobedience in passing the ordinance.” 

Also, during the earlier hearing, the Tamil Nadu State Election Commission had informed the court that its hands are tied in holding the local body elections immediately citing the recent amendments made to the Tamil Nadu Local Bodies Legislation. It said it cannot conduct the election without completing the delimitation process.