SUMAN K SHRIVASTAVA
Ranchi, Jan. 6: The Jharkhand High Court has reprimanded the State government and set a 50-day deadline to put the ball rolling for holding the municipal elections pending since 2020 in the State.
“This is a very sorry state of affairs, where democracy at the lowest tier is strangulated. The constitutional mandate has been shelved, which is impermissible, even for a short period. This is sacrilege,” Justice Ananda Sen, heading the bench, observed.
State govt can’t throttle people’s voice
The court, delivering the judgement on January 4, said that the Government cannot sit over the State Election Commission’s recommendation and throttle the people’s voice.
“The State Government will issue necessary notifications for holding such elections about Municipal Corporations, Municipalities and Nagar Panchayats in the State of Jharkhand within four weeks of receipt of the State Election Commission (SEC) recommendation,” the court said.
On the other hand, the SEC has been directed to recommend holding such an election within three weeks.
OBC reservation
The court said that identifying the seats reserved for backward classes taken by the state government following a Supreme Court order in the K Krishna Murthy case as grounds for delaying the election is unacceptable.
The Supreme Court had directed the state government to undertake an exercise to identify the seats reserved for the OBCs. For that purpose, “triple test formalities” have to be conducted.
“The ground taken by the State is not at all acceptable. It cannot be sustained, as by no stretch of the imagination, it can be presumed that the process can be completed soon since, admittedly, the post of Chairperson of Jharkhand State Backward Class Commission is vacant,” the court said.
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“Further, given the judgment passed by the Supreme Court in the case of Suresh Mahajan also, the argument of the State does not make any ground,” Justice Sen observed.
“So far as “triple test formalities” are concerned, the Supreme Court has held that non-compliance of the triple test formality cannot be a ground to defer the election. Further, it has been held that the seats except reserved for Scheduled Castes and Scheduled Tribes, the rest of the seats must be notified as for the General Category,” the court said.
Supreme Court judgement
The high court said that the Jharkhand government still needs to comply with the direction given by the Supreme Court on May 10 2022.
“Given the judgment rendered in the case of Suresh Mahajan, it is the sacred constitutional duty of the State Election Commission to recommend for holding of Election in the Municipal Corporation, Municipalities and Nagar Panchayat, not only for Ranchi Municipal Corporation and Jamtara Nagar Parishad but also for all the other Municipalities, within the State of Jharkhand, whose term has come to an end,” the court said.
The court said the Constitution mandates that the municipality consist of elected persons.
“This process is democratic as the seats are to be filled by persons chosen by direct election from the territorial constituencies in the municipal area. This democratic process is the lifeline of the country, which cannot be throttled. Any delay in an election or deferring the same on frivolous grounds damages democracy. By no stretch of the imagination, the State can delay this democratic process, especially when the State Election Commission has already recommended holding such an election. It is the constitutional mandate to hold such an election, and no one can defy the same, even by indirect means,” Justice Sen observed.
“So far as reservation of OBC seats is concerned, the same will be governed by the judgment of the Supreme Court rendered in the case of Suresh Mahajan,” the court said.
