SC directs Election Commission to issue schedule for civic polls in MP

A bench of justices AM Khanwilkar, Abhay S Oka and CT Ravikumar said that the State Election Commission need not wait any further, but shall notify the election programme without any further delay in respect of local self-government whose election(s) had become due; and in the present case, overdue in respect of 23,263 local bodies across the State of Madhya Pradesh, as of now.

The Bench said, "We direct the State Election Commission by way of the interim order, to issue 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 5 years term of the outgoing elected body or before coming into force of the impugned Amendment Act(s) whichever is later."

"On that notional basis, 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 except in case of its dissolution before the expiry of the term on permissible grounds, " the top court said.

The court also clarified that until the triple test formality is completed "in all respects" by the State Government, no reservation for Other Backward Classes can be provisioned; and if that exercise cannot be completed before the issue of the election programme by the State, Election Commission, the seats (except reserved for the Scheduled Castes and Scheduled Tribes which is a constitutional requirement), the rest of the seats must be notified as for the General Category.

It was urged that the population of OBC in some of the local bodies is more than 50 per cent and for that reason, the percentage indicated in the report submitted by the Commission is a conservative approach and needs to be taken forward.

The court made it clear that 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 the OBC category in the concerned constituencies and even against all the General seats available after reserving for Schedule Castes and Schedule Tribes.

The court also said that the conduct of elections for installing a newly elected body to take over the reins from the outgoing elected representative whose term had expired, is explicitly provided for by the Constitution and the relevant enactments.

Therefore, the former need not detain the issue of election programme by the State Election Commission, in respect of local bodies as and when it becomes due much less overdue, including where the same is likely to become due in the near future, the court said.

"Be it noted that as and when the delimitation exercise or triple test formality, as the case may be, is completed, the elections conducted thereafter may have to abide by such dispensation, " the top court said.

The Court also made it clear that the State Election Commission to speed up the election process in respect of local bodies where elections are due/overdue and to proceed without providing reservation for Other Backward Classes, but limited to the constitutional reservation for Scheduled Castes and Scheduled Tribes, until the completion of triple test formality by the State "in all respects".

"As and when, the formalities of the triple test are completed, that can be reckoned for future elections to be held thereafter. However, elections which are already due need not and cannot be delayed on that count in view of the constitutional mandate, " the court said.

The top court observed that the chart handed over to the Court by the counsel for the Madhya Pradesh State Election Commission indicates that there are about 321 urban local bodies, where elections have not been held from 2019-2020 and further, the local bodies at the grassroots level (rural local bodies) where elections have not been held in the same manner are around 23,073, as of now.

The reality in the State of Madhya Pradesh is that more than 23,263 local bodies are functioning without the elected representatives for last over two years and more, the top court remarked.

"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 top court said.

The court was hearing a petition assailing 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, 1993 and Section 29 of the Madhya Pradesh Municipalities Act, 1961 as being arbitrary and usurping the powers and independence of the State Election Commission. (ANI)