VidhiSangh

Supreme Court of India · 06/12/2019

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

[2019] 14 S.C.R. 704 · 2019 INSC 1326

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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

  1. Whether elections could proceed in reconstituted districts without fresh delimitation.
  2. Whether the constitutional bar on questioning elections prevented directions to complete prerequisites for fair elections.

Held

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.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 704.