Chennai: DMK has informed Madras high court that there is a clear constitutional breakdown in Tamil Nadu as the State Election Commission has failed to conduct elections to the local bodies within five years as mandated by the Constitution.
Senior counsel P.Wilson, appearing for DMK, made the above submission when the contempt petition filed by DMK represented by its organization secretary R.S. Bharathi came up for hearing before the First Bench comprising Chief Justice Indira Banerjee and Justice M. Sundar.
State Election Commissioner M. Malik Feroz Khan and T.S. Rajasekar, secretary, Tamil Nadu State Election Commission, were present in the court during the hearing.
Wilson submitted that a larger game is played by the government in connivance with SEC. The matter was heard by this court and posted for orders on September 1. On that day, there was no sitting and therefore, the case was adjourned to September 4. Between Monday and Friday, the government hurriedly brought an Ordinance repealing certain provisions in the TN District Municipalities Act, Chennai Corporation Act, Madurai Corporation Act, Coimbatore Corporation Act and TN Panchayat Act unmindfully. Even after repealing certain provision, the Principal Act empowers the government to divide the areas and issue a notification. This is an executive ordinance. The executive wants to disturb the proceedings of the court, Wilson added.
He further said the State Election Commission can ask the government to issue a notification dividing the areas and conduct the election. The bench posted to November 15, further hearing of the case.