PIL seeks to restrain TN SEC from announcing civic body polls

: A former MLA has filed a PIL in the Madras High Court, seeking to restrain the Tamil Nadu State Election Commission from announcing the civic body polls without reserving posts like deputy mayors -- filled through indirect elections -- for members of SC/ST communities and SC/ST women proportionate to their population.

In his PIL, former legislator C K Thamilarasan alleged that though the reservation rule was followed for the posts filled through direct election, it was not done for the posts filled through indirect election.

Admitting the plea, a division bench, comprising Justices M Sathyanarayanan and N Seshasayee directed the Centre, state government and the commission to file their replies by January 7, 2020.

The petitioner submitted that there are 15 municipal corporations, 33 district panchayats, 152 municipalities, 561 town panchayats, 388 panchayat unions and 12,618 village panchayats, in which 13,870 posts are to be filled through indirect elections.

"If the reservation rule is applied, there must be four women corporation deputy mayors, 46 municipal vice-chairwomen, 168 town panchayat vice-chairwomen, one district panchayat vice-chairwoman, 116 panchayat union vice chairwomen and 3,786 women village panchayat vice-presidents," he petitioner said.

Apart from this, from members of SC/ST communities there should be three deputy mayors, 29 municipal vice-chairpersons, 107 town panchayat vice-chairpersons, six district panchayat vice-chairpersons, 74 panchayat union vice-chairpersons and 2,398 village panchayat vice-presidents in the state,he added.

He contended that if the elections were permitted to be held without following the mandatory reservation, the rights of the SC/ST communities conferred under the Constitution would be adversely affected.

On November 20, the Tamil Nadu government had promulgated an ordinance for the indirect election of Mayors of Municipal corporations and chairpersons of municipalities, saying it would lead to stability.

Indirect election of civic body chiefs would ensure collective responsibility among heads of Urban Local Bodies (ULBs) and all the elected councillors, the ordinance promulgated by the Governor had said.

The ordinance came after the state government had reverted to direct election of Mayors and other civic body chiefs by the people, after moving a bill in this regard in the Tamil Nadu Assembly in January 2018.

The civic polls, scheduled to be held in 2016, are yet to be conducted following litigation.