HC dimisses plea against indirect polls

The Madras High Court on Tuesday dismissed a plea seeking to declare as unconstitutional an ordinance promulgated by the Tamil Nadu government which paved the way for indirect elections to the post of Mayors and municipal chairpersons.

Viduthalai Chiruthaigal Katchi (VCK) leader Thol.Thirumavalavan has challenged the ordinance.

The petitioner said previously the elections were held to these posts on a direct basis and people were voting directly.

"Therefore switching over to indirect elections to elect them through elected ward members is unconstitutional and undemocratic," he contended.

Rejecting the plea, the First Bench of Chief Justice AP Sahi and Justice Subramonium Prasad observed that the right to seek election or right to vote were merely constitutional rights and "not fundamental right guaranteed under the constitution."
The right of participation therefore being regulated and controlled by a law, which otherwise is not unconstitutional cannot be interfered with on the grounds raised in the writ petition."
Referring to the petitioner's apprehension that there may be horse-trading in such elections, the bench in its order said "We have not been able to locate any such provision on the basis of which it can be said, with any sense of certainty, thatthe impugned ordinance will foster any unethical activity."