HC won't stay local bodies poll

By A. Subramani

CHENNAI, SEPT. 21. The Madras High Court today declined to stay the process of elections to local bodies, and permitted the Government to go ahead with poll as planned for on October 16 and 18.

Rejecting a batch of petitions seeking to postpone the elections, the First Bench comprising the Chief Justice Mr. B.S. Reddy and Mr. Justice K.P. Sivasubramaniam, however, re-scheduled the process, which would now start on September 24.

As per the revised schedule, the filing of nominations will begin with the publication of poll notification on September 24, while the last date for filing nominations will be October 1. Scrutiny will be done on October 3 and the last date for the withdrawals is October 5.

Addressing the petitioners' grievance over the electoral rolls, the Bench said those voters who were enlisted for the Parliamentary elections during October 1999 and who did not find a place on the rolls now despite having photo identity cards should be allowed to vote after due verification.

The enlistment of eligible voters shall start today and continue till October 1. The process should be given due publicity in the electronic and print media, and also by publication of this right in all village panchayats, taluk offices and Collectorates.

The Bench pointed out that the Constitution was not specific about the rotation of seats reserved for Scheduled Caste candidates, and said, ``that is left to the State''.

The rotation system, which is to be followed in the coming civic elections, could not be said either to be ``unconstitutional or illegal''.

On the reservation percentage itself, the Bench said, ``it is not made out before us by any clinching material that there is any violation in the said fixation of seats for reserved candidates''.

Rejecting another contention that the Chennai Mayor post ought to have been reserved for an SC candidate, the Bench said a reading of the relevant provisions of the law did not show any such requirement.

The order also cited various pronouncements of the apex court, ``which were the law of the land''.

The Advocate-General of Tamil Nadu, Mr. N.R. Chandran, and the Government Pleader, Mr. Raghupathy, were present in the court to receive the orders on behalf of the Government and the State Election Commission.

The writ petitions, separately filed by Mr. Janardhanam and five others since September 18, listed various grievances, including flawed rolls and the Government's ``failure'' to adhere to laws on rotation of reserved seats.

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Section  : Southern States
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