The Delhi High Court today directed the State Election Commission to hold within three months bypolls in 13 wards of civic bodies in the capital saying "filling up the casual vacancies of the councillors of the municipal wards cannot be postponed any longer".
A bench headed by Chief Justice G Rohini directed the Delhi government and others to comply with the constitutional mandate by conducting the by-elections within a timeframe.
"The Government of NCT of Delhi shall make available the manpower sought by the State Election Commission (SEC) as well as the required funds within four weeks from today for conducting the elections for filling up the casual vacancies in terms of the provisions of DMC Act.
"The respondent No.1/SEC shall take the necessary further steps and complete the by-elections to all the casual vacancies existing as on today in the three municipal corporations of Delhi within three months thereafter," the bench said.
It asked that when both the Delhi government and State Election Commission have expressed their willingness to conduct the by-election, then why the polls have been not held till date.
"... Though both the SEC and Delhi government expressed their readiness to conduct the by-elections, it is un-understandable as to why the elections could not be conducted to fill up the casual vacancies till date," the bench also comprising Justice Jayant Nath said.
The court's order came on a PIL, filed by 20-year-old law student Sanjana Gahlot, on bad civic condition in her village with drain water overflowing on all streets, filth spread everywhere and the entire village suffering due to foul smell.
Seven wards in South Delhi Municipal Corporation, four in the north and two in the east are currently without councillors.
The bench said that except stating that the delimitation of wards is in progress, no justifiable reason could be shown by the SEC and Delhi government for their failure to conduct the elections.
(Reopens LGD 26)
The State Election Commission in its affidavit filed in the court had said that out of the 272 wards in three civic bodies 13 casual vacancies in municipal wards have been existing and added that it desires to conduct the elections at the earliest.
The commission had stated that it had requested Delhi government to arrange the funds to meet the expenditure of about Rs 21 crore for the bypolls and that it also requires manpower of 4,500 ground level staff and 50 officers to be appointed as returning officers and poll observers for two months.
It had further submitted that the wards of all the three corporations have to be delimited on the basis of Census- 2011 as the next general election to the corporations have to be held on the basis of newly delimited wards.
"The process for delimitation has already commenced and the scheduled date fixed for issue of final order of delimitation of wards is July 31, 2016 and the next Municipal Elections are due to be held in April, 2017," the commission had said.
Delhi government in its reply had also stated that the issues of the release of funds and manpower for the purpose of conducting elections to fill up the casual vacancies will be taken up with the SEC and the logistical support as may be practical would be extended to it.
The bench said that SEC had stated that for conducting the by-elections, the assembly electoral rolls for the time being in force have to be adopted.
"That being the case, it is not open to the SEC and Delhi government to avoid or postpone conduct of by-elections merely on the ground of ongoing process of delimitation of wards," the bench said.
