Lawstreet Journal

Supreme Court hearing matter of pending local body polls in Maharashtra, Madhya Pradesh

Lawstreet Journal 10 May 2022 4:36pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court hearing matter of pending local body polls in Maharashtra, Madhya Pradesh

J Khanwilkar: We'll be tagging both matters for further hearing. Reads from operative part of order

Order: Quietus permitted only when bodies dissolved before end of tenure. Here many bodies pending polls. 
Thus all are obliged to have newly elected members in all bodies before 5 year ends, incumbents cannot continue beyond six months beyond tenure. This is inviolable.

Order: Reality in State of MP is more than 20k are functioning beyond tenure, this cannot be countenanced. 
SEC Exercise for further delimitation at this stage cannot be made legitimate ground to set forth polls duties.

Order: Need to not disrupt governance, cannot go against fire the people by the people of the people. 
Direct by way of interim order, to issue polls as per exisiting wards or become coming into force of impugned notification in respect of concerned local bodies, no need to wait

Order: for triple test compliance. People must be governed by newly elected representatives, no provision for OBC as of now need notification.

Order: Pro OBC parties are free to nominate OBC candidates for general category seats. Process of delimitation and triple test compliance is complex, time consuming but conduct of new polls is explicitly provided for. Former need not detain pending polls.

Order: After exercises completed, future polls can be conducted as such. Notify polls well in time then, else would defeat Constitutional mandate and go against local body governance. Such exercises shouldn't stall due polls, else would create hiatus.

Order: Direct MP to proceed on notional basis and go by wards as in date when… Continue Reading...

Tagged: Supreme Court of India   Election Commission of India  
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