Local body election SC full order today
[12/6, 13:19] Sekarreporter: REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IA No. 182868/2019 in CIVIL APPEAL NOS. 54675469/2017
DRAVIDA MUNNETRA KAZHAGAM (DMK) …..APPELLANT(S)
VERSUS
SECRETARY GOVERNORS SECRETARIAT
AND ORS.
…..RESPONDENT(S)
WITH
M.A. No.2328/2019 in W.P.(C) No.1267/2018
(With IA No. 183503/2019 and IA No. 183515/2019 and IA No.
163332/2019 and IA No. 183506/2019 and I.A. Nos.186721 and
186722 of 2019 and I.A. No.185943 of 2019)
WITH
Contempt Petition (C) Diary No(s).38969/2019 in W.P.(C)
No.1267/2018
WITH
W.P.(C) No.1411/2019
(IA No.183815/2019, IA No.185955/2019, IA No.183813/2019)
WITH
W.P.(C) No.1415/2019
WITH
W.P.(C) No.1413/2019
(I.A. No. 183819/2019)
WITH
W.P.(C) No.1418/2019
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[12/6, 13:20] Sekarreporter: irretrievable by the time the results are declared and stage is
set for invoking the jurisdiction of the court.”
- For the reasons aforestated, these applications are allowed in
part and disposed of with the following directions:
a. The Respondentauthorities shall hold elections to all
Panchayats at village, intermediate and district levels,
except those in the following nine reconstituted districts:
i. Kancheepuram
ii. Chengalpattu
iii. Vellore
iv. Thirupathur
v. Ranipet
vi. Villupuram
vii. Kallakurichi
viii. Tirunelveli
ix. Tenkasi;
b. The Respondents (including the Delimitation
Commission) are directed to delimit the nine newly-
constituted districts in accordance with law and thereafter
hold elections for their panchayats at the village,
intermediate and district levels within a period of four
months;
c. There shall be no legal impediment against holding
elections for Panchayats at the village, intermediate and
district levels for rest of the districts;
d. State Election Commission shall notify elections for
the panchayats at village, intermediate and district levels in
respect of all districts except the nine reconstituted
districts as per the details given in direction ‘a’ above.;
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[12/6, 13:20] Sekarreporter: e. While conducting elections, the respondents shall
provide proportionate reservation at all levels, in
accordance with the Rule 6 of Tamil Nadu Panchayats
(Reservation of Seats and Rotation of Reserved Seats)
Rules, 1995.
16. In all fairness, we must note that the learned Advocate General of
Tamil Nadu has also agreed to proceed with the election process as
directed above.
17. Since, the only grievance raised in the main appeals was that the
local body elections ought be held on the basis of the 2011 Census
and not of 2001; and considering how the respondents have already
used the 2011 Census while conducting the latest delimitation
exercise (except in the newly reconstituted nine districts), these
appeals have been rendered infructuous and are disposed of
accordingly. - All pending I.As. also stand disposed of accordingly.
……………………….. CJI.
(S. A. BOBDE)
………………………… J.
(B.R. GAVAI)
…………………………. J.
(SURYA KANT)
NEW DELHI
DATED : 06.12.2019
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