[Pending local body elections] Supreme Court directs Madhya Pradesh Election Commission to notify polls in 2 weeks

The Supreme Court on Tuesday asked the Madhya Pradesh State Election Commission to conduct pending local body polls in the State without any delay, and as per the seat allotment in place prior to the ongoing delimitation exercise [Suresh Mahajan vs State of Madhya Pradesh]..A Bench of Justices AM Khanwilkar, AS Oka and CT Ravikumar noted that conducting such polls every five years is a constitutional obligation."The State Election Commission ought to proceed without any exception in respect of concerned local bodies where elections are due or likely to be due in the near future without waiting even for the compliance of triple test by the State Government for providing reservation to Other Backward Classes. We have no manner of doubt that only such direction would meet the ends of justice and larger public interests consistent with the constitutional mandate that the local self-government must be governed by the duly elected representatives uninterrupted ... " the judgment said.The Court noted that a hiatus with regard to elections is permitted only when local bodies are dissolved a little before the end of their tenure. In the State, however, polls are pending to over 23,000 local bodies, even as citizens are entitled to have newly-elected members in all bodies before their 5-year tenure ends, the Court said. It is inviolable that incumbents cannot continue beyond six months of their tenure, the order underscored. This top court was hearing a writ petition challenging the validity of Section 10(1) of the Madhya Pradesh Municipal Act, 1956, Sections 12, 23 and 30 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, and Section 29 of the Madhya Pradesh Municipalities Act, as being arbitrary and usurping the powers and independence of the State Election Commission.The present order made it clear that the interim directions are for all States where local body polls may be pending, observing,"We also make it clear that this order and directions given are not limited to the Madhya Pradesh State Election Commission/State of Madhya Pradesh; and Maharashtra State Election Commission/State of Maharashtra in terms of a similar order passed on 04.05.2022, but to all the States/Union Territories and the respective Election Commission to abide by the same without fail to uphold the constitutional mandate.".The Court observed that that over 20,000 local bodies in the State were functioning beyond their tenure and "this cannot be countenanced." The polls to these bodies were held up citing pendency of case before the top court regarding Madhya Pradesh government's decision to reserve seats for Other Backward Classes (OBCs) in local bodies.The Supreme Court had in December 2021 stayed the State's decision for not complying with the triple test laid out in Indra Sahwney while providing for such reservation.The top court had also directed the State Election Commission to re-notify the OBC-allocated seats for the general category in compliance with the triple test. As per the said triple test, the following 3 conditions are required to be complied by the State before reserving seats in local bodies for OBCs: - constituting a commission to study the nature and implications of backwardness with respect to claims for reservation in local bodies; - laying out the quantum of reservation in line with recommendations of the said commission; - not breaching the 50 per cent cap.The Bench in its order today reiterated that such exercises cannot be cited as a legitimate ground to stall polls and disrupt governance.The interim order, thus, directed that polls be held as per existing wards/ seats prior to the delimitation exercise."Pro-OBC parties are free to nominate OBC candidates for general category seats," the Bench said. It reasoned that a huge population of OBCs, as submitted by the State, "cannot be the basis to disregard the constitutional mandate and need to observe triple test procedure indicated by this Court."The process of delimitation and triple test compliance is complex, time consuming, but conduct of new polls is explicitly provided for, the order said. The order clarified that such directions are applicable for polls due in future as well, in case the compliance test was not complete. The State Election Commission was, therefore, directed to issue notification for the polls within 2 weeks, for which the State has to provide all necessary logistical assistance. Regarding a report of a backward class committee being submitted, the Bench said it will not examine or comment on it at this stage even as it was made clear that the existence of such a report by itself would not amount to compliance with the triple test. "Exercise of collation of empirical data, after which recommendations for delimitation to be made. State can only act thereafter," the Court stated. The matter was listed for further hearing on July 12. .Madhya Pradesh State Election Commission was represented by its Standing Counsel advocate Siddharth Seth along with advocate Kartik Seth, with SG Tushar Mehta appearing for the State.[Read Judgment]

[Pending local body elections] Supreme Court directs Madhya Pradesh Election Commission to notify polls in 2 weeks

Abhimanyu Hazarika

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