Notify elections for local bodies in 2 weeks: Supreme Court to MP poll panel
DAYS AFTER giving a similar order for Maharashtra, the Supreme Court on Tuesday expressed concern that over 23,000 local bodies in Madhya Pradesh were functioning without elected representatives for more than two years and directed the State Election Commission to notify the elections within two weeks.
It rejected the argument that the elections could not be conducted as the delimitation process is yet to be completed and also the state government is yet to complete the triple test – as laid out by the court – to provide reservation to OBCs.
The court also said that its orders for Maharashtra and Madhya Pradesh applies to all states and Union Territories where a similar situation prevails.
“This court had made it amply clear that conduct of elections to install the newly elected body in the concerned local self-government cannot brook delay, owing to the constitutional mandate… including the provisions in the concerned state legislation in that regard….This constitutional mandate is inviolable,” a bench of Justices A M Khanwilkar, Abhay S Oka and C T Ravikumar said in an interim order. “Neither the State Election Commission nor the state government or for that matter the state legislature, including this court in exercise of powers under Article 142 of the Constitution of India can countenance dispensation to the contrary.”
Writing for the bench, Justice Khanwilkar pointed out that “despite such constitutional mandate, the reality in the state of Madhya Pradesh as of now, is that, more than 23,263 local bodies are functioning without elected representatives for last over two years… This is bordering on breakdown of rule of law and more so, palpable infraction of the constitutional mandate qua the existence and functioning of such local self-government, which cannot be countenanced.”
On May 4, in a matter pertaining to elections to local bodies in Maharashtra, the court had directed the State Election Commission to notify polls in two weeks on the basis of the previous delimitation exercise. It had rejected the stand that the elections can be conducted only after fresh delimitation is done by the state government.
On Tuesday, the court said, “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”.