Local body polls in all states must be held before expiry of term, Supreme Court says

The Supreme Court on Tuesday declared that the elections to local bodies cannot be held up due to delay in conducting delimitation or other mandatory exercise to provide 50% OBC reservation in seats, saying polls in each state must be conducted before expiry of the five years' term as per the constitutional mandate.

"All concerned are obliged to ensure that the newly elected body is installed in every local body before the expiry of five years term of the outgoing elected body. Even in case of dissolution before the expiry of five years period, where an Administrator is required to be appointed by the state, that regime cannot be continued beyond six months," a bench presided over by Justice A M Khanwilkar said.

The top court emphasised that this constitutional mandate is inviolable.

"Neither the State Election Commission nor the state government or for that matter the State Legislature, including this court in exercise of powers under Article 142 of the Constitution can countenance dispensation to the contrary," the bench, also comprising Justices Abhay S Oka and C T Ravikumar said.

Issuing directions for holding polls in 23,263 local bodies across the state of Madhya Pradesh, the top court said its order would apply to all states and union territories commission to conduct polls wherever due without delay in order to uphold the constitutional mandate.

The court said the ongoing activity of delimitation or formation of ward cannot be a legitimate ground by any authority much less the State Election Commission - to not discharge its constitutional obligation in notifying the election programme at the opportune time and to ensure that the elected body is installed before the expiry of five years term of the outgoing elected body.

Referring to the Constitution Bench decision in 'K Krishna Murthy (Dr) and Ors v Union of India & Anr' (2010), the court said triple test conditions have to be fulfilled before providing reservations for the OBCs. They are to set up a dedicated commission to collect empirical data on backwardness, specify the proportion of reservation required in local body and wise in light of recommendations of the Commission, and such reservation not to exceed aggregate of 50 % of the total seats reserved in favour of SCs/STs/OBCs taken together.

"Until the triple test formality is completed “in all respects”, no reservation for Other Backward Classes can be provisioned; and if that exercise cannot be completed before the issue of election programme by the State Election Commission, the seats (except reserved for the Scheduled Castes and Scheduled Tribes which is a constitutional requirement), the rest of the seats must be notified as for the General Category," it said.