The contempt petition regards failure of the Tamil Nadu Government to hold the local body polls took a different turn on Monday with the Madras High Court ordering notice on a plea moved by the Tamil Nadu State Election Commission (TNSEC) to modify the order of the High Court issued on September 4, 2017 directing the completion of the civic election process by November 2017.
Chennai:
TNSEC had contended that the State had passed an ordinance on September 3, 2017, just a day before the court order, amending certain legal provisions, which required a delimitation exercise to be carried out before conducting the elections.
Based on this, Malik Feroz Khan, submitted that the Commission was unaware of the amendment to the Act by the government repealing certain sections of the Tamil Nadu Panchayat Act 1994 and sought the court to modify the prescribed time limit or keep the order in abeyance.
However, during arguments, TNSEC submitted that the notification for the civic polls is most likely to be notified on May 31. Though the delimitation process is set to come to an end on January 31, the Commission requires another 90 days to come up with the final electoral rolls and owing to the ensuing Parliament elections, the civic polls can be held after that, the TNSEC counsel said.
A division bench comprising Justice M Sathyanarayanan and Justice M Sundar before whom the contempt plea came on Monday ordered notice on the plea moved earlier by Malik Feroz Khan, Commissioner, TNSEC to modify the judgement based on which the DMK had moved the present contempt petition. The DMK had also moved a miscellaneous petition seeking to set aside the modification plea moved by TNSEC.
TNSEC had contended that the State had passed an ordinance on September 3, 2017, just a day before the court order, amending certain legal provisions, which required a delimitation exercise to be carried out before conducting the elections.
Based on this, Malik Feroz Khan, submitted that the Commission was unaware of the amendment to the Act by the government repealing certain sections of the Tamil Nadu Panchayat Act 1994 and sought the court to modify the prescribed time limit or keep the order in abeyance.
However, during arguments, TNSEC submitted that the notification for the civic polls is most likely to be notified on May 31. Though the delimitation process is set to come to an end on January 31, the Commission requires another 90 days to come up with the final electoral rolls and owing to the ensuing Parliament elections, the civic polls can be held after that, the TNSEC counsel said.