IMPORTANT POINT
Constitutional object of Part IX cannot be effectively achieved unless delimitation exercise for constitution of local bodies at all levels is properly undertaken.

JUDGMENT

These Interlocutory Applications have been filed seeking directions for compliance with the Constitutional mandate concerning elections to local bodies. The lead applicant, Dravida Munnetra Kazhagam (DMK), is appellant in the Civil Appeal Nos. 5467­5469 of 2017, wherein an order of the Madras High Court refusing to issue certain directions to the Tamil Nadu State Election Commission (“State Election Commission”) is under challenge before us. It is also the principal Opposition party in the Legislative Assembly of the State of Tamil Nadu and is a recognised State­party.

2. In the Civil Appeal DMK claimed that the party­in­power at the State level, the AIADMK, has deliberately been postponing elections; unconstitutionally been altering constituencies and refusing to effect rotation with the object of gaining undue political advantage. They have claimed that Articles 243­D and 243­T mandated that delimitation of constituencies be conducted after every decadal census and concomitant reservations be effected for Scheduled Castes and Scheduled Tribes on a ‘rotation’ basis. In so far as the Tamil Nadu Panchayats (Second Amendment) Act, 2016 allowed the next cycle of local elections in Tamil Nadu to be conducted as per the earlier 2001 Census, it contravened Constitutional provisions and was thus liable to be struck down.

3. The aforestated issues have, however, been rendered academic by constitution of a Delimitation Commission under the newly enacted Tamil Nadu Delimitation Commission Act, 2017. This Commission initiated an elaborate exercise of delimitation on 25th July, 2017 and eventually formulated a draft ward delimitation proposal on 20th September, 2017. Thereafter, written objections were invited from the public, various political parties and organisations between 20th December, 2017 and 18th January, 2018. After considering such objections/suggestions and the revised proposals received from District Delimitation Authorities, the Delimitation Commission sent its final recommendation to the State Government on 31st August, 2018. Thereafter, a notification was issued by the State Government on 14th December, 2018 whereby the wards newly delimited per the 2011 Census figures were notified.

4. Thereafter, on 20th February, 2019 the Delimitation Commission forwarded proposals for reservation, whereupon post consideration, the State Government vide notifications dated 20th May, 2019, 21st May, 2019 and 24th May, 2019 notified reserved seats for rural and urban local bodies in the State.

5. It is noteworthy that soon after on 12th November, 2019 the State Government issued a notification dividing four existing districts of Tamil Nadu to create nine new districts. Vellore district was trifurcated into the districts of Vellore, Tirupathur and Ranipet; Kancheepuram was bifurcated into Kancheepuram and Chengalpet; Villupuram was bifurcated into Villupuram and Kallakurichi; and Tirunelveli was bifurcated into Tirunelveli and Tenkasi districts. Resultantly, some talukas were also re­structured with certain revenue villages either being added or removed. Para 7 of the aforestated notification then reads as follows:

“7. The delimitation of the territorial wards of Village Panchayats, Panchayat Union and District Panchayats have already been notified under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and thereby the delimitation exercise for the ensuing local body elections has already been completed. Notwithstanding the notification to bifurcate the Districts, the process started already to conduct the ensuing Local Body Elections will be continued as per the order of the Hon’ble Supreme Court dated 17.07.2019 in W.P. (C) No. 1267/2018. After the ensuing Local Body Elections, the process of modification, if any, with regard to local bodies will be taken up by the Government.”

6. As is apparent from the above ext