MP local body elections: Supreme Court directs SEC to issue poll schedule in two weeks

Calling it a “break down of rule of law”, the Supreme Court on Tuesday directed the Madhya Pradesh State Election Commission (SEC) to issue the schedule for elections to local bodies within two weeks while pointing out that more than 23,263 such local bodies are functioning without elected heads for the past two years.

A bench headed by Justice A M Khanwilkar slammed the state poll body for failing to discharge its constitutional duty of notifying the election programme at the right time so as to ensure that an elected set of representatives is formed before the expiry of the five-year tenure of the outgoing representatives. The apex court said that the ongoing delimitation process or the setting up of new wards cannot be a viable ground for the state poll body to not carry out its constitutional obligation.

“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.

“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 further added.

The 3-judge bench noted that if the crucial triple test exercise cannot be completed before the SEC announces the election program, 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 bench expressed concern at local elections not being on time while pointing out that the number of places where poll programme was to announced was “quite staggering”.

“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.