The Puducherry Government has approached the Supreme Court and the Madras High Court seeking more time to complete the process of delimitation, which is a step ahead of conducting polls to local bodies.
The move comes in the wake of two separate orders passed by the Supreme Court and the Madras High Court in connection with local body polls.
Confirming the development, a top official in the Local Administration stated, “Two separate petitions were filed in both courts stating that delimitation process could not be completed as the report of Backward Commission is yet to come. Citing some practical difficulties, we sought more time .”
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Originally, the polls to local bodies were conducted in December 1968 before the legislation of Panchayat Raj Act which came into effect from 1993. Following which, several States conducted the polls while Union Territory of Puducherry did not do so.
Under such circumstances, the Court ordered the Puducherry Government to conduct polls on public interest litigation filed by the Communist Party of India-Marxist (CPI-M), then unit secretary V. Perumal. Nearly 38 years after, polls were conducted in July 2006.
As the term of local body representatives ended in 2011, the ruling AINRC Government preferred to appoint special officers to the local bodies.
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Once again, the matter was taken up by CPI (M) Unit then secretary in 2011 seeking to conduct the polls immediately. He had stated that following a High Court order, the local body elections were held in 2006. Though the tenure of the elected representatives ended in that year, the authorities had not appointed a State Election Commissioner (SEC).
On March 2012, the Madras High Court had directed the Puducherry government to hold elections within six months.
Aggrieved over certain portion of the order, Mr. Perumal had approached the apex court filing a Special Leave Petition. Dismissing the SLP, the apex court confirmed the order of the Madras High Court, except to the extent that the process of delimitation should be completed within a period of two months from date.
The elections, which were originally scheduled to be held on 4, 8 and 10 December, 2012 by the State Election Commission (SEC), were deferred as per the direction of Madras High Court that had asked the territorial administration to carry out the delimitation and reservation of municipal, commune and panchayat wards based on 2011 census data. The direction was given by the court following a petition filed by J. Anandalakshmi.
When the matter came up for hearing before the first bench headed by Chief Justice Sanjay Kishan Kaul in last week, Government Pleader sought more time to complete delimitation process. He added that the reservation of constituencies could be done only after receipt the data from Backward Commission. Hence, the court adjourned the matter for further hearing to September 4. CPI(M) State Council member Mr. Perumal also filed an impleading petition in the case.
In his petition, Mr. Perumal said, “Not holding the elections by the authorities to local bodies amounts to depriving the rights of the citizens towards grass root democratic functioning through self-governance.”