DRAVIDA MUNNETRA KAZHAGAM (DMK) versus SECRETARY GOVERNORS SECRETARIAT AND ORS.

DRAVIDA MUNNETRA KAZHAGAM (DMK) versus SECRETARY GOVERNORS SECRETARIAT AND ORS.

Elections in the nine newly constituted districts of Tamil Nadu cannot be held until a fresh delimitation exercise is completed in respect of those districts, as required under the Constitution and pertinent regulations. The scheduled elections announced for these nine districts without delimitation would not fulfill constitutional mandates of proportionate representation and reservation. The Court clarified that the proceedings do not breach the bar of Articles 243-O and 243-ZG as they further the pre-requisites of fair elections rather than challenge an election result.

Parties
Appellant: Dravida Munnetra Kazhagam (DMK); Respondents: Secretary Governors Secretariat and Ors.
Jurisdiction
India
Judgment Date
06 December 2019
Procedural Posture
Civil Appeal / Disposal of Interlocutory Applications and Main Appeals
Outcome
Applications allowed in part; main appeals disposed as infructuous.
Legal Topics
Delimitation of Constituencies, Local Body Elections, Reservation and Rotation of Seats, Challenge to Election Notification, Census Data in Elections
Constitutional Law Election Law Local Governance Delimitation of Constituencies Local Body Elections Reservation and Rotation of Seats Challenge to Election Notification Census Data in Elections

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Parties

Dravida Munnetra Kazhagam (DMK)

Appellant

Secretary Governors Secretariat and Ors.

Respondents

Procedural Posture

Civil Appeal / Disposal of Interlocutory Applications and Main Appeals

Legal Issues

  1. 1 Whether local body elections in nine newly constituted districts of Tamil Nadu can be held without fresh delimitation as per the latest district reorganization.
  2. 2 Whether elections should be based on 2011 Census instead of 2001 Census.
  3. 3 Whether the State’s notification and reliance on prior Supreme Court orders to conduct elections without delimitation is valid.

Ratio Decidendi

Elections in the nine newly constituted districts of Tamil Nadu cannot be held until a fresh delimitation exercise is completed in respect of those districts, as required under the Constitution and pertinent regulations. The scheduled elections announced for these nine districts without delimitation would not fulfill constitutional mandates of proportionate representation and reservation. The Court clarified that the proceedings do not breach the bar of Articles 243-O and 243-ZG as they further the pre-requisites of fair elections rather than challenge an election result.

Court Disposition

Applications allowed in part; main appeals disposed as infructuous.

Orders

  • Authorities to hold elections to all Panchayats at village, intermediate and district levels except in the nine reconstituted districts (Kancheepuram, Chengalpattu, Vellore, Thirupathur, Ranipet, Villupuram, Kallakurichi, Tirunelveli, Tenkasi).
  • Delimitation Commission to delimit the nine new districts in accordance with law and thereafter conduct elections there within four months.