Leaving the entire issue of the conduct of the local body election to the State Election Commission, A Division Bench of the Kerala High Court on Thursday declined to issue a directive on the plea of the State government to allow it and the SEC to proceed with the election process to enable the new local body committees to assume office by December 1.
The Bench comprising Chief Justice Ashok Bhushan and Justice A.M. Shaffique, while disposing of a State government’s affidavit, observed that at this stage, it did not find it necessary to issue any directive. The Bench observed that it was the SEC which had to take a decision as per the constitutional requirement. Referring to the submission of the government that the election could be conducted in a single phase, the court observed that it was not necessary for this court to consider or take a decision or express any opinion on whether it was justified or not to hold elections in a single phase or two phases. These issues had to be addressed by the SEC. Reiterating its earlier order which said that the SEC was free to take its own decision, the court added that the SEC had to take the responsibility for its decision.
In fact, a final decision was yet to be taken by the SEC.
The government in its affidavit had submitted that the SEC could start the election process on October16 and complete it in 46 days.
The election could be completed by November 30 so that new committees could assume office by December 1.
