Get instructions on PIL challending local body noti'cation: HC

The Madras High Court today directed the State Election Commission to get instructions on a petition challenging the August 28, 2014 notification to fill casual vacancies in local bodies for the posts of Mayors of Corporations, Municipal Chairmen and Councilors in various municipalities.
The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan before whom a PIL filed by advocate K Kartikeyan came up, directed counsels for various departments, including the Secretary, Municipal Administration and Water Supply Department, to get instructions on the petition and posted the matter for hearing on September 8.
The petitioner alleged that the notification is violative of Tamil Nadu Town Panchayats, Third Grade Municipalities and Corporations/Election Rules 2006, which does not expect SEC to specify the same day of notification of election for public notice.

He submitted that the rules specify that the notification date and publication date should be different, whereas it was not so in the present case.
Karthikeyan said government first announced the date of commencement of election process on Aug 6, 2014, in which the election date was mentioned as September 18. However, the poll process commencing date was postponed to August 28.
Here too, the elction date was not changed and was mentioned as September 18.

Karthikeyan submitted the 27-day duration would not provide sufficient time for candidates for election campaign and that the time schedule was grossly reduced without any rhyme or reason.

It would 'hamper' the rights of candidates', particularly those from unrecognized political parties and independents who cannot afford to reach the public or convey their agenda or poll promises.
Karthikeyan submitted that it is a settled law that reasonable time be granted for election campaign to all contestants for conducting the poll in a fair manner.
He contended it is illegal providing a short span of time for the date of polling from the date of commencement of election and sought an interim direction to stay the operation of the notification.