Will not postpone LB polls, says Madras HC

After marathon hearings for the last two days, the first bench comprising ccting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu passed this ruling on hearing a batch of petitions. The petitioners sought direction from the HC to SEC to postpone the urban local body elections in view of the increasing COVID cases.

However, the judges held that they could not pass an order to defer the elections but they could initiate suo-motu cognizance to monitor the election procedures to ensure that all COVID protocols are followed.

“The SEC had given an undertaking before the apex court on 27.09.2021 that it would issue the election notification within four months. If it fails to do so, that would be a contemptuous act. Even if the HC could pass orders, it could not go against the SC as per judicial disciplinary,” the bench held.

The judges also lauded the State government for its efforts to conduct the elections. “The SEC is directed to take COVID-appropriate steps for the election. Since the LB polls have not been conducted in years, we cannot defer it,” the judges said.

Senior Counsel S Prabhakaran appearing for Dr M Nakkeeran argued that conducting the elctions at a time when cases were surging would pose a huge risk for the people.

Meanwhile, the SEC submitted that it is ready with a proper action plan and has initiated steps to conduct safe LB elections. On recording the submissions, the bench asked the SEC to conduct the elections as per the SC direction. “If there are any irregularities, it could be brought to the notice of the HC, ” the judges noted.