HULUVADI G.RAMESH, J.

'Free and fair elections are the very foundation of democratic institutions and just as it is said that justice must not only be done, but must also seem to be done; similarly, elections should not only be fairly and properly held, but also seem to be so conducted as to inspire confidence in the mind of the electors that everything has been done aboveboard and has been done to ensure free elections.' This was observed by the Supreme Court in the case of Rampakavi Rayappa Belagali -Vs.- B.D.Jatti & Others reported in 1970 (3) SCC 147.

2. Though the petitions have been filed by the respective political parties claiming the above reliefs, in toto or separately, in view of the fact that the relief sought for is almost identical in all the writ petitions, the matters are clubbed together and disposed of by this common order.

3. The above batch of writ petitions have been filed by the respective political parties in the State of Tamil Nadu praying this Court for the following reliefs :-

(i) To declare the Tamil Nadu Municipal Laws (2nd Amendment) Act, 2016 and the Tamil Nadu Panchayats (2nd Amendment) Act, 2016 as ultra vires the Constitution ;

(ii) To direct the respective respondents to conduct the Urban and Rural Local Bodies Election 2016 based on the delimitation of wards to be made based on 2011 census with corresponding reservation ;

(iii) To direct the respective respondents to take steps for compulsory usage of Electronic Voting Machines ;

(iv) To direct the respective respondents to take steps to appoint officers of the Central Government/Public Sector Undertakings as Election Officers ; and

(v) To direct the respective respondents to take steps to appoint officers of the Central Government/Public Sector Undertakings as Election Observers ; and

(vi) for other incidental reliefs as well.

4. The sum and substance of the averment pertaining to declaring the amendments as ultra vires the Constitution, as could be culled out from the respective petitions in W.P. Nos. 23411 and 28370 of 2016, is as hereunder :-

The Tamil Nadu State Election Commission (for short 'TNEC') is entrusted with the conduct of election to the Urban Local and Rural Local bodies once every five years. While the election to the urban local bodies for the posts of Member of Town Panchayat Wards, Chairman of Town Panchayats, Councillor of Municipality Wards, Chairman of Municipality, Councillor of Corporation Wards and Mayor of Corporation are governed by the Tamil Nadu District Municipalities Act, 1920 along with the relevant Sections/Rules in the Municipal Corporation Acts, Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporation (Elections) Rules, 2006, the election for rural local bodies for the posts of Member of Village Panchayat Wards, President of Village Panchayat, Member of Panchayat Union Ward and Member of District Panchayat are governed by the Tamil Nadu Panchayats Act, 1994 and the Tamil Nadu Panchayats (Election) Rules, 1995.

5. In the State of Tamil Nadu, as per the last election held in 2011 and as per the data reflected in the website of the Government of Tamil Nadu, there are 12 Municipal corporations, about 125 Municipalities and 561 Town Panchayats, which stand classified as Urban Local Bodies, while there are 32 District Panchayats, 385 Panchayat Unions and 12,618 Village Panchayats, which stand classified as Rural Local Bodies.

6. With regard to the delimitation of wards of the respective local bodies and reservation for women, scheduled caste and scheduled tribe in the local bodies, the same stands dealt by the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Delimitation of Wards or Divisions and Reservations) Rules, 1996, (for short 'Delimitation Rules').

7. As per Rule 5 of the Delimitation Rules, published in the respective G.O. Ms. No.136 dated 11.6.1996 and amended vide G.O. Ms. No.85 dated 18.6.2001 of the Municipal and Water Supply (Election)