Kerala appeals against HC verdict on new village councils

Trivandrum - Constitutional experts feel that delaying the polls would not be legally tenable as it would go against Constitutional provision.

By T K Devasla

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Published: Thu 13 Aug 2015, 12:00 AM

Last updated: Thu 13 Aug 2015, 8:51 AM

Yielding to pressures from its constituents, Kerala's Congress-led United Democratic Front (UDF) government has sought legal recourse to the crisis over the conduct of local bodies' polls, confounded by the high court order striking down its decision to create new village councils and municipalities.
The government initiated the process on Tuesday by filing an appeal against the orders of the single bench judges striking down the government decisions to form 69 new village councils (panchayats) and four new municipalities by bifurcating villages and village panchayats.
A decision to file the appeal was taken following a meeting Chief Minister Oommen Chandy and concerned ministers had with the State Election Commission officials here on Tuesday. The ministers were earlier briefed by Advocate General K P Dandapani about the legal possibilities.
The Election Commission (EC) and the Communist Party of India (M)-led opposition Left Democratic Front (LDF) wanted the polls slated for October this year as per the 2010 delimitation. However, the government pointed out that this would lead to fresh legal tangles resulting in postponement of the elections.
The EC had suggested this option due to the inordinate delay in the current delimitation process. The commission felt that the appeal would further delay the process and make it difficult for them to conduct the election at the scheduled time.
However, Chandy said that the elections could be held in time even if the notification on creation of new local bodies is issued by next month. He pointed out that during the previous delimitation process, the notification on creation of new block panchayats was issued by September end.
Constitutional experts feel that delaying the polls would not be legally tenable as it would go against Constitutional provision. The opposition has threatened to launch an agitation if the polls were delayed.
news@khaleejtimes.com


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