The State Election Commission (SEC) has filed a writ appeal before the High Court seeking advancement of dates of the election process for Zilla and Taluk Panchayats as the dates suggested by the Court will overlap with Census 2011.
The appellants have stated that the single judge, while disposing of a petition challenging the ordinance in his orders dated November 19, 2010 has granted the liberty to submit a representation to the State Government to identify the backward among the backward class for reservations.
The court had even stated that the Government should consider their representations within two weeks and initiate action. The court had then directed to begin the process by December 10 and complete the process of elections within a month.
The appellants submitted that the election panel had decided to declare elections on November 22, 2010 and the same should be completed by December 20, 2010. Though the single judge has said that the order will not come in the way of elections, invariably the polls get postponed due to the orders.
The SEC has submitted that the census operations were scheduled between 15 December and March 2011 and the Chief Secretary has issued specific directions that no functions or elections be held during this said period.
Seeking to dismiss the petition, the appellant said that the SEC had spent crores of rupees for the polls for purchase of EVMs, training of manpower and other things.
It could be recalled that the High Court on Friday had dismissed the petition challenging the ordinance issued by the State Government sealing an upper limit of fifty percent reservations to Backward classes in the Zilla Panchayat and Taluk Panchayat polls in the state.
In conformity
The court had stated that the ordinance was in conformity with the apex court and had said “The apex court order is the rule of the land, it is binding on the state government and every state has to obey the apex court order. I cannot interfere with the order passed by the apex court.”
The court had also said that representations must be considered within two weeks by identifying the most politically backward classes who did not get proper representation in the local self government.
The court has also said that the entire process of elections should begin from December 10 and should be completed before January 15, 2011.
The matter will come up for hearing on Monday.
In a predicament
*State Election Commission (SEC) says local body election dates overlap Census 2011 process.
*Census operations scheduled between December 15, 2010 and March 2011.
*Chief Secretary had specifically ordered that no functions or elections be held during this said period.
*The High Court had asked the SEC to begin election process by December 10 and finish it within a month.
*The SEC had earlier decided to declare elections on November 22, 2010 and complete the same by Dec 20.
*With the High Court order, election process invariably gets delayed.