The Gujarat High Court today issued notices to the state government and the State Election Commission on a petition challenging a recent ordinance and subsequent postponement of elections to the local bodies.
The division bench of acting Chief Justice Jayant Patel and Justice N V Anjaria directed the government and the SEC to give their replies to the petitioners Virendra Vaghela and Jagdish Bhatt by Monday so that they could file a rejoinder, and adjourned the hearing to October 12.
Vaghela is vice president of Gandhinagar District Panchayat and Congress member while Bhatt is resident of Umrada Panchayat in Bhavnagar district. State Congress leader Shaktisinh Gohil is arguing their case in the HC.
The ordinance puts the electorate right as defined under section 79 of Representation of People Act, 1951, at the sole discretion of the SEC, the petition says, demanding that it should be quashed and the SEC be asked to announce panchayat elections.
The ordinance provides that the government's mere apprehension that voters will not be allowed to vote fairly and freely can be a reason for postponement, it says.
Though the Constitution mandates that elections be held regularly, the ordinance puts them at the whim of government, it says, adding that the ordinance empowers the government to appoint an administrator to local bodies only on apprehension.
It is, therefore, violative of Articles 14 (right to equality) and 243(E) and 243 (U) which provide that election to panchayat/municipality be completed before expiry of their terms, says the plea.
After hearing submissions, the judges commented that the Constitution is supreme and the state government or the legislature can not dilute its provisions in any way.
The SEC last week announced postponement of polls for three months. It is believed that the volatile situation in Gujarat due to Patel quota agitation was the reasons for the decision, though it was not stated so.
The announcement came hours after Governor O P Kohli signed an ordinance to bring uniformity in the law about the grounds on which local body elections are deferred.
