Gujarat government's ordinance which had paved the way to postpone the elections of various local bodies in the state was challenged in the high court today.
The petition challenging the state government's move is likely to be heard by the division bench of acting Chief Justice Jayant Patel and justice N V Anjaria tomorrow.
All India Congress Committee (AICC) spokesperson and MLA from Abdasa assembly seat of Kutch district in Gujarat Shaktisinh Gohil will appear as an advocate in the case.
The State Election Commission had on October 4 announced postponement of polls to various local bodies in the state, citing law and order situation as a reason.
The Commission's 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.
Though the notification does not mention the exact reasons affecting the law and order situation, it is believed that the Commission is concerned about the current scene prevailing in the state due to the Patel quota agitation.
The announcement came hours after Gujarat Governor O P Kohli issued an ordinance to bring uniformity in the law about the situation where local body elections are deferred.
Through the ordinance, Gujarat government empowered itself to take a decision to delay the polls if there is an apprehension that voters will not be able to use the franchise freely and fairly.
The Supreme Court recently stayed the elections to municipalities and municipal corporations, following a plea by advocate Anirudh Sharma.
Since the ban was not applicable on Panchayati Raj institutions, Gujarat Congress had recently met State Election Commissioner Varesh Sinha and requested him to expedite the process to hold elections in district panchayats and taluka panchayats across the state.
Congress has been alleging that the BJP-led Gujarat government is not interested in holding the elections at this juncture due to prevailing situation in the state created by Patel quota stir.
Gujarat Congress chief Bharatsinh Solanki had earlier announced that his party will challenge the state Election Commission's move before the high court.
The Congress leader had also alleged that the Commission was playing into the hands of BJP-led Gujarat government and deliberately delaying the polls to benefit BJP.
