The Madras High Court on Tuesday dismissed a plea seeking to declare as unconstitutional an ordinance promulgated by the Tamil Nadu government which paved the way for indirect elections to the post of Mayors and municipal chairpersons.
Viduthalai Chiruthaigal Katchi (VCK) leader Thol.Thirumavalavan has challenged the ordinance.
The petitioner said previously the elections were held to these posts on a direct basis and people were voting directly.
"Therefore switching over to indirect elections to elect them through elected ward members is unconstitutional and undemocratic," he contended.
Rejecting the plea, the First Bench of Chief Justice AP Sahi and Justice Subramonium Prasad observed that the right to seek election or right to vote were merely constitutional rights and "not fundamental right guaranteed under the constitution."
The bench said "...we find no such allegation of disharmony or any violation of fundamental rights or any statutory rights either way so as to entertain this petition for striking down the impugned ordinance...
The right of participation therefore being regulated and controlled by a law, which otherwise is not unconstitutional cannot be interfered with on the grounds raised in the writ petition."
Referring to the petitioner's apprehension that there may be horse-trading in such elections, the bench in its order said "We have not been able to locate any such provision on the basis of which it can be said, with any sense of certainty, thatthe impugned ordinance will foster any unethical activity."
It said the writ petition was "misconceived" and dismissed it.
The state government had last month promulgated an ordinance for the indirect election of Mayors of Municipal corporations and chairpersons of municipalities, saying it will lead to stability.
Tamil Nadu has 15 Municipal Corporations and 121 Municipalities.
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