LexDRAVIDA MUNNETRA KAZHAGAM (DMK) versus SECRETARY GOVERNORS SECRETARIAT AND ORS.
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A B C D E F G H 704 SUPREME COURT REPORTS [2019] 14 S.C.R. DRAVIDA MUNNETRA KAZHAGAM (DMK) v. SECRETARY GOVERNORS SECRETARIAT AND ORS. (IA No. 182868/2019 ) In (Civil Appeal Nos. 5467-5469/2017) DECEMBER 06, 2019 [S. A. BOBDE, CJI, B. R. GAVAI AND SURYA KANT, JJ.] 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 [2019] 14 S.C.R. 704 704 A B C D E F G H 705 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. Disposing of the IAs, the Court HELD: 1.1 Before the election process could begin as per the Sate Election Commission’s Press Release dated 2nd December, 2019, the State of Tamil Nadu increased the number of districts from 31 to 39 and also restructured various talukas. However, with regard to posts of Chairman and Vice-Chairman of District Panchayat Councils, elections are still sought to be held only for 31 posts. As per Article 243-B, panchayats have to mandatorily be constituted in a State at the village, intermediate and district levels. Article 243-C requires the State, as far as is practicable, to maintain a similar ratio between the population residing within the territory of a particular panchayat and the number of seats allocated to it, across all panchayats in the State. Further, each panchayat must be divided into territorial constituencies and per Article 243-D, seats in proportion to their population must be reserved for Scheduled Castes and Scheduled Tribes in each panchayat. The constitutional object of Part IX 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 Tamil Nadu Local Bodies Delimitation Regulations, 2017 (formulated under the Tamil Nadu Delimitation Commission Act, 2017), which criteria must itself not be contrary to Article 243- C read with Article 243-B(1) of the Constitution. Noticing how at the completion of the delimitation process there were only 31 revenue districts, but despite a subsequent i
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