 "Madras High Court stops local body elections in Tamil Nadu")
The Madras High Court on Tuesday put on hold the upcoming local body elections in Tamil Nadu. The elections were scheduled to be held in two phases on October 17 and 19.
In an order passed on Tuesday, Justice N Kirubakaran said that a notification dated September 26, 2016, issued to conduct local body elections by the State Election Commission, has been vitiated for non-compliance of Rule 24 of the Tamil Nadu Panchayat (Election) Rules, 1995. The rule pertains to the notification of the election programme.
The Court directed the commission to issue fresh notifications, conduct elections and complete the election process as per law not later than December 31, 2016.
It also directed the State Government to invoke Section 251, a transitory provision of the Tamil Nadu Panchayat Act, 1994, to administer the local bodies by appointment of special officers till the elections are held, as the terms of the present officers are about to expire soon and cannot be extended.
The order also mandated all candidates contesting the local body election to file a separate affidavit, furnishing complete information sought in five categories, including criminal background, at the time of filing nominations. Election officers have been directed to reject the nominations of candidates who fail to file the affidavit.
The Court said that major political parties are fielding candidates for all local body elections, except those at the village level. It insisted candidates should be persons with integrity, honesty and a sense of commitment to serving society. However, the court observed that many candidates had been chosen based on their affluence and muscle power and were found have criminal antecedents.
Recent media reports reveal many elected representatives from various political parties being done to death, due to criminal antecedents or illegal mining operations or real estate business.
When the State Election Commission, as per the direction, writes to all the recognised and registered political parties calling upon them, not to field candidates with criminal background, the political leaders are duty bound to comply. Local body offices are not places for profit-making, but for serving society.
The court said framers of India's Constitution reposed faith in political leaders and added that people only elect them as they have utmost trust and faith in them. Therefore, it is the duty of political leaders to avoid criminal elements and choose appropriate candidates who will be in a position to serve the public.
