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DRAVIDA MUNNETRA KAZHAGAM (DMK) vs. SECRETARY GOVERNORS SECRETARIAT AND ORS.

SCR Citation: [2019] 14 S.C.R. 704
Year/Volume: 2019/ Volume 14
Date of Judgment: 06 December 2019
Petitioner: DRAVIDA MUNNETRA KAZHAGAM (DMK)
Disposal Nature: Others
Neutral Citation: 2019 INSC 1326
Judgment Delivered by: Hon'ble Mr. Justice Bhushan Ramkrishna Gavai,Hon'ble Mr. Justice Sharad Arvind Bobde,Hon'ble Mr. Justice Surya Kant
Respondent: SECRETARY GOVERNORS SECRETARIAT AND ORS.
Case Type: CIVIL APPEAL /5467/2017
Order/Judgment: Judgment
1. Headnote

Constitution of India – Part IX – Arts.243-B, 243-C r/w 243- B(1), 243-O & 243-ZG – Lead applicant (in present IAs) is the appellant in C.A.Nos.5467-5469/17, wherein an order of the Madras High Court refusing to issue certain directions to the Tamil Nadu State Election Commission was challenged – It was claimed therein that the State Government was deliberately postponing elections; unconstitutionally altering constituencies and refusing to effect rotation for gaining undue political advantage – On 12.11.2019, the State Government issued notification dividing four existing districts of Tamil Nadu to create nine new districts – In view of deference to various Supreme Court orders, the State Election Commission on 02.12.2019 announced the Elections Programme for all Panchayats at the village, intermediate and district levels – Present IAs filed inter alia to strike down the said Notification and direction to conduct local body elections only after delimitation of the newly carved districts – Held: Constitutional object of Part IX, envisaging democratisation of grass-root level administration, cannot be effectively achieved unless the delimitation exercise for constitution of local bodies at all levels is properly undertaken – Such exercise in the State of Tamil Nadu must keep in view the criteria for delimitation of wards prescribed under the 2017 Regulations, which criteria must itself not be contrary to Art.243-C r/w Art.243-B(1) – Election process as notified on 02.12.2019, in respect of the newly constituted nine districts cannot be held unless fresh delimitation exercise in respect thereto is first completed – State Government cannot justify holding local body elections of these nine districts by relying upon Supreme Court’s order dated. 18.11.2019 as the said order itself mandates notification of elections only after completing “all legal formalities”– Directions issued – Further, the only grievance raised in the main appeals was that the local body elections ought be held on the basis of the 2011 Census and not of 2001; and considering how the respondents have already used the 2011 Census while conducting the latest delimitation exercise (except in the newly re- constituted nine districts), these appeals are rendered infructuous – Tamil Nadu Panchayats (Second Amendment) Act, 2016 – Tamil Nadu Delimitation Commission Act, 2017 – Tamil Nadu Local Bodies Delimitation Regulations, 2017 – Tamil Nadu Panchayats (Reservation of Seats and Rotation of Reserved Seats) Rules, 1995 – r.6.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Constitution of India
  • Part IX – Arts.243-B
  • 243-C r/w 243- B(1)
  • 243-O & 243-ZG
5. Equivalent citation
    Citation(s) 2020 (6) SCC 548 = 2020 (6) Suppl. SCC 548 = 2019 (17) SCALE 160