Gujarat HC quashes state govt's ordinance to delay local body polls

In a blow to the Gujarat government, the high court on Wednesday quashed an ordinance issued by it to delay local bodies polls, terming it "unconstitutional", and directed the State Election Commission (SEC) to "conduct polls before the expiry of their terms."

The court also came down heavily on the Gujarat SEC for using a government ordinance to postpone the polls for three months, saying its act was "illegal" and its attitude regarding timely conduct of polls was "negative".

The ordinance amending section 7(a) of Bombay Provincial Municipal Corporation Act, 8(A) of Municipality Act and 257 of Panchayat Act "is unconstitutional and void and hence quashed and set aside," a bench of acting
 

Chief Justice Jayant Patel and N V Anjariya said.

But the Gujarat government clarified that these elections could only be held after Diwali, as it would be difficult to conduct them during the festival due to lack of personnel. Gujarat minister Nitin Patel said it would be very difficult for the state administration to hold the elections if the court order was followed. Rattled by the Patel community's agitation for quota, the government had amended three laws through an ordinance on October 3 which allowed it to advise the SEC to delay local body polls.

On the same night, the SEC had issued a notification postponing local bodies polls for three months, citing law and order situation in the wake of Patel quota agitation.

The notification stated that elections to six municipal corporations, 56 municipalities, 230 taluka panchayats and 31 district panchayats were expected to be held between October and November this year as the term of these bodies is expiring in the period, but now they will take a call on it after three months.

"Action of the State Election Commission (to postpone the local body polls) is illegal and thus it is set aside and quashed," the High Court said.

"The State Election Commission must begin the programme of elections prior to 45 days of completion of terms of all the local bodies," the HC further said.

The court observed that "the action of the state and SEC is against the spirit of the Constitution".

"Prima facie the State Election Commission was not ready to hold elections," the HC said observing that the reply of the SEC with regard to holding the local body polls was "negative".