Madras HC issues contempt notice to SEC over delay in conducting TN Local Body Elections

The Madras High Court today issued notice to the Tamil Nadu State Election Commissioner and the Secretary to the State Election commission, in a contempt petition filed against the delay in conducting local body elections in the state..The petition filed by the opposition party, Dravida Munnetra Kazhagam (DMK) came up for hearing today before the First Bench comprising Chief Justice Indira Banerjee and Justice M Sundar. Senior Advocate P Wilson appeared on behalf of the DMK..The petition was triggered by the failure on the part of SEC to take steps to conduct local body elections within the time frame fixed by the First Bench in September. Following protracted legal proceedings, in a judgement dated September 4, 2017, the Court had directed that notifications for the elections be made by September 17 and the elections be completed by November 18. The elections were to be conducted based on the rolls and wards as it existed on September 2016..Protesting the failure to comply with the above orders, the petitioners have prayed that court punish the respondent-state authorities for contempt by imposing the maximum punishment as contemplated under the Contempt of Courts Act..The petitioners have argued that scant respect has been shown for the orders passed by the Court by the respondents, particularly the State Election Commission, in dancing to the tunes of their political masters..“The 1st Respondent who is the constitutional authority appointed specifically to conduct local body elections and whose salary is paid out of public exchequer is now indulging in all acts of forestalling the same. His actions and conduct amounted to breach of trust and faith the constitution has reposed on him. 1st Respondent has taken law in to his own hands and claims that he is neither bound by orders of court or by the constitution but remain loyal and faithful to political masters of ruling party who are his appointees. He claims that unless his political master who has appointed him gives a green signal he will not issue election notification for the local bodies.”.Further, the conduct of the concerned authorities in the Rural Development and Panchayati Raj Department as well as the Greater Chennai Development Corporation has been contended to be worse, given that,.“No allocation of funds has been made and no initial steps were taken by them. No meeting has taken place in this regard.”.Particular mention has also been made to an Ordinance passed by the government on September 3, 2017, by virtue of which certain provisions were omitted from several state acts concerning municipal corporations, municipalities and panchayats..The Ordinance, which was passed a day before earlier judgment of the first bench, is argued to be “ex-facie illegal and contemptuous” and encompasses “a lame excuse to delay the Orders of this Hon’ble Court.” It has been submitted that,.“The Respondents 3 to 6 with an intention of overcoming the orders of this Hon’ble Court, created barricades and obstacles by way of abusing their executive powers by arranging to issue Ordinance No.4 dated 03.09.2017 on a Sunday….… There was no need for the executive to pass this Ordinance on a Sunday viz. 03.09.2017 and there is no grave urgency to pass such Ordinance by executive when Assembly was not in Session. This shows sheer abuse of power and to over reach the court proceedings and the orders that was slated to be pronounced on 4.9.2017..…. I state that when this Hon’ble Court posted the matter for orders on 01.09.2017 and postponed to 04.09.2017 suddenly the Respondents 3 to 6 has brought out an Ordinance on 03.09.2017 to thwart the orders of this Hon’ble Court.”.Regardless, the petitioner has argued that such a legal obstacle by way of an executive ordinance cannot come in the way of enforcing the orders of the court..“I humbly submit that the effect of omitting all the provisions referred in the Ordinance has not created any legal impediment as claimed by the 1st Respondent as reading of the common judgement of this Hon’ble Court dated 04.09.2017 makes it abundantly clear that despite the fact that the delimitation process are not over the constitutional requirement of conducting the election as contemplated under Article 243-E(3) and 243-U(3) has to be followed mandatorily. This was answered by this Hon’ble Court clearly in the common judgement dated 04.09.2017.”.The petition has also alluded to the various problems being faced by the public, which cannot be resolved effectively until local body elections are held.“However the fact remains that the people of Tamilnadu are agitated and frustrated as the entire Tamilnadu is hit with dengue fever, malaria etc. There is no proper water supply. Roads, infrastructure facilities, sanitary and hygienic environment are not maintained as the local bodies have come to a standstill as there is no people’s representative to pull them and extract the work. The saddest part is that the Central Government funds to various local bodies are withheld as no elections were conducted by the 1st Respondent. Thus 4000 crores of Rupees set-apart for Tamilnadu by Central Government is going waste due to the political games played by the Respondents and the people are the ultimate sufferers.”.The matter has now been posted to be heard in four weeks..Read copy of petition below..Click here to download the Bar & Bench Android App