Summary:
New Delhi, May 10 (PTI) The Supreme Court Tuesday directed the Madhya Pradesh State Election Commission (SEC) to issue a poll programme for local bodies within two weeks, saying more than 23,263 such bodies are functioning without elected representatives for the last over two years and this is bordering on a “break down of rule of law”. The apex court said the ongoing activity of delimitation or formation of the ward cannot be a legitimate ground to be set forth by any authority to not discharge its constitutional obligation in notifying the election programme at the opportune time and to ensure that the elected body is installed before the expiry of five years term of the outgoing body.
A bench headed by Justice A M Khanwilkar noted that until the triple test formality is completed “in all respects” by the state government, no reservation for the Other Backward Classes (OBCs) can be provisioned.
The bench, also comprising Justices A S Oka and C T Ravikumar, noted if the triple test exercise cannot be completed before the issue of the election programme by the SEC, the seats, except reserved for the Scheduled Castes and the Scheduled Tribes which is a constitutional requirement, must be notified as for the general category.
“Therefore, we direct the SEC by way of an interim order, to issue an election programme without any further delay on the basis of the wards as per the delimitation done in the concerned local bodies when the elections had become due consequent to the expiry of five years term of the outgoing elected body or before coming into force of the impugned Amendment Act(s) whichever is later,” it said.
The top court delivered its judgement on a plea that assailed the validity of some sections of the Madhya Pradesh Municipal Act, 1956, the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, and the Madhya Pradesh Municipalities Act, 1961.
The bench dealt with the issue of non-conduct of elections in respect of a large number of local bodies in Madhya Pradesh and noted that the number in the state is “quite staggering”.
It said a chart handed over to the court by the counsel for the MP SEC indicated that there are about 321 urban local bodies where elections have not been held from 2019-to 2020 and the local bodies at the grassroots level (rural local bodies) where elections have not been held are around 23,073 as of now.
The apex court had earlier referred to the Constitution bench verdict of 2010 which had mentioned the triple condition, including setting up a dedicated commission to conduct a contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies within the state, which is required to be followed before provisioning such reservation for the OBC category.
A three-judge bench had later reiterated the same.
In its judgement delivered on Tuesday, the bench said all concerned are obliged to ensure that the newly elected body is installed in every local body before the expiry of five years term of the outgoing elected body.
“Even in case of dissolution before the expiry of five years period, where an Administrator is required to be appointed by the state, that regime cannot be continued beyond six months by virtue of relevant provisions in the respective State Legislation(s),” it said, adding that this constitutional mandate is “inviolable”.
“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 the elected representatives for last over two years and more,” it said.
“This is bordering on break down 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,” the bench said.
It said the fact that the state legislature has effected amendments in the concerned enactment(s) authorising the state to determine the number and extent of wards to be constituted in the local bodies also cannot be a tangible or legitimate ground to not notify the election programme within the time-frame specified by the Constitution and the law made by the legislature in that regard.
“The political parties who claim to be the protagonist of participation of OBC in the governance of local bodies, are free to nominate candidates belonging to OBC category in the concerned constituencies and even against all the general seats available after reserving for Schedule Castes and Schedule Tribes,” it said.
“In view of the above, we have no hesitation in directing the Madhya Pradesh SEC to proceed on a notional basis and issue an election programme in respect of concerned local body by reckoning the delimitation/formation of wards thereof as on the date when the election of the concerned local body had ‘in fact’ become due or before coming into force of the (impugned) Amendment Act, which is under challenge before this court in the present proceedings, whichever is later,” it said.
The bench made clear that SEC must abide by its directions uninfluenced by any order of the high court or civil court on the subject of elections of concerned local self-government.
The bench said its order and directions are not limited to Madhya Pradesh but to all the states/Union Territories and the respective election commission to abide by the same without fail to uphold the constitutional mandate.
It has posted the matter for further hearing on July 12.
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