Summary
The Court permitted Tamil Nadu panchayat elections to proceed outside nine reconstituted districts, while requiring fresh delimitation and subsequent elections in those nine districts within four months. Altered district boundaries made the earlier delimitation insufficient for population-based representation and reservation there. The proceedings furthered the prerequisites of fair elections and were not barred as an election challenge. The main appeals concerning use of the 2011 Census had become infructuous.
Issues
- Whether elections could proceed in reconstituted districts without fresh delimitation.
- Whether the constitutional bar on questioning elections prevented directions to complete prerequisites for fair elections.
Held
- Proper delimitation was necessary to implement the constitutional requirements for panchayat constitution, population-based representation and proportionate Scheduled Caste and Scheduled Tribe reservation. Reconstituting districts without fresh delimitation left the requisite population data unidentified. (¶¶ 11, 12, 13)
- The earlier order permitting notification after completion of all legal formalities did not authorise elections in the nine reconstituted districts without fresh delimitation. (¶¶ 7, 13)
- Proceedings facilitating expeditious completion of prerequisites for fair elections did not amount to calling an election in question. The principles in Election Commission of India v. Ashok Kumar applied. (¶ 14)
- Elections were to proceed in the remaining districts. The nine reconstituted districts required lawful delimitation followed by panchayat elections within four months, with proportionate reservation at all levels. (¶¶ 15, 16)
- The main appeals concerned use of the 2011 rather than 2001 Census. Adoption of the 2011 Census in the completed delimitation exercise rendered those appeals infructuous. (¶ 17)
Result
Applications partly allowed. Elections directed outside the nine reconstituted districts; fresh delimitation and subsequent elections in those nine districts required within four months. Proportionate reservation directed at all levels. Main appeals disposed of as infructuous; pending applications disposed of.