In a setback to Congress-led United Democratic Front government, the Kerala High Court today refused to stay a single judge's order quashing the formation of 69 new panchayats and four municipalities and directed state Election Commission to conduct the polls as per schedule by October.
In an interim order, a division bench, comprising Chief Justice Ashok Bhushan and Justice A M Shafique, said that by the 73rd and 74th amendment of the Constitution, formation of local bodies is the duty of State Election Commission. The elections should be held as per schedule to enable them to assume charge on November one this year.
The bench said it is a statutory duty of SEC to conduct elections in time without putting forward any excuse.
The Court observed that there are two more months available to SEC to take all necessary steps for conducting elections to local bodies.
The Court did not express any opinion on SEC's submission that it can conduct elections on the basis of delimitation of 2010.
SEC had earlier told the HC that it would not be able to complete the election process if its held on the basis of the latest delimitation exercise including the formation of 69 new panchayats.
However, government was of the view that election should be conducted on the basis of the latest delimitation of forming new panchayats and municipalities.
Reacting to the verdict, Kerala Chief Minister Oommen Chandy told reporters that government would not go in for appeal. "Let the election be held as per the court order," he said.
The Election Commission said it was not at loggerheads with the government. "Only with government's cooperation can the Commission conduct the local bodies election," it said.
Meanwhile, IUML General secretary K P A Majeed said an emergency meeting will be held at Panakkad in Malappuram tomorrow.
IUML, the second largest partner in UDF, is peeved at the development as a majority of the new panchayats are in Malabar area in north Kerala where the party has a strong foothold.
Seizing on the matter, CPI(M)-led LDF opposition hit out at the government, saying the division bench judgement was a 'big setback' to the government.
Opposition leader, V S Achutanandan, said the High Court verdict is a 'blow' to the state government, which had allegedly tried to sabotage the poll process of local body elections set in motion by the Election Commission.
The Marxist veteran also said that the Chief Minister, who 'bowed' to IUML pressure and filed appeal against the single judge's order, owes an explanation to the people. He also sought holding of the election as per schedule.
