Kerala High Court leaves it to State Election Commission to decide poll date
Kochi/Thiruvananthapuram: Reiterating an earlier order, Kerala High Court on Thursday held that the State Election Commission was free to hold the elections to the local bodies and refused to put them off by a month.
“The State Election Commission is the constitutional authority to take a decision. The SEC has to take the responsibility for its decision regarding the conduct of elections. In fact, a final decision is yet to be taken by the State Election Commission,” the court observed.
A division bench comprising Chief Justice Ashok Bhushan and Justice A.M. Shaffique disposed of an interlocutory application filed by the state seeking one –month extension to hold the elections.
The government moved the court stating that elections can be held by November 30 so that the new committees would take charge on December 1.
The election commission also supported the state and submitted that elections can be conducted as per the schedule submitted by the state.
“It is not for this court to express any opinion either way. It is the State Election Commission which has to take a decision as per the constitutional requirement,” the bench observed.
The SEC took the stand that the election to all grama panchayats and other local bodies other than 28 new municipalities, new Kannur Corporation, reconstituted Kollam Corporation, six grama panchayats, 30 block panchayats and 13 district panchayats can be held on the basis of the 2011 general election. Elections to the rest of the local bodies can be held on the basis of the present reconstitution and delimitation.
SEC to comply with order
State Election Commissioner K. Sasidharan Nair said in Thiruvananthapuram that the commission would comply with the High Court order. “I have not received the copy of the verdict. We expect to get it by tomorrow. After going through it in detail, the commission will take appropriate action,” he said.
Of the 152 blocks, delimitation process in 30 was yet to be completed. The new municipalities and corporation are spread across these 30 blocks and 13 district panchayats.
He said though the commission had reached some kind of understanding on the issue of holding elections to the new municipalities and corporation, a final decision would be taken
only after going through
the verdict.
