New Delhi, July 20 The Supreme Court on Wednesday sought response from the Central government on a plea by Delhi's ruling Aam Aadmi Party questioning the State Election Commission's (SEC) decision to postpone the municipal elections in the city without any reasonable grounds.
A bench, headed by Justice A.M. Khanwilkar also sought reply from the SEC on the Aam Aadmi Party's petition. Senior advocate A.M. Singhvi, representing the Delhi's ruling party, submitted the constitutional mandate is to conduct elections before the expiry of the term and added that the election must be held expeditiously without waiting for delimitation exercise.
The plea contended that the decision had been taken solely on the basis of unofficial communication by the Central government. "The brazen influence of the Government of India over the State Election Commission and its flagrant meddling with the conduct of municipal elections forms the subject matter of this writ petition", said the plea.
The plea sought a direction to the SEC to conduct the municipal elections in Delhi according to the initially conceived schedule, before the expiry of the tenure of the municipal corporations of Delhi, in a free and fair manner.
The petition contended that the SEC, on March 9, issued a press note for holding the polls in April. "However, precisely half an hour later, by way of a press note, it conveyed that it had received some communication from the Lt. Governor of Delhi, conveying that the Government of India was intending to pass a legislation to merge the trifurcated Municipal Corporations of Delhi. In light of this communication, the press conference to declare the election schedule was indefinitely postponed; the Municipal Elections consequently being deferred," said the plea.
The plea added that no formal state communication has been issued to this effect, yet. Even in the ongoing Budget Session, no agenda has been declared regarding the tabling of a Bill to this effect, it added.
"As no subsequent formal notification, agenda or communication regarding the merger of the corporations has come from the state, it clearly showed the delaying tactics to hamper the free and fair conduct of elections beyond the constitutionally mandated period of five years, as per Article 243U of the Constitution," it said.
The plea questioned whether the SEC can be influenced by an unofficial communication sent by the Centre to defer municipal elections, which the poll body was prepared to conduct.
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