The Gujarat Election Commission on Thursday said that it will host elections to local self-governing bodies in the State by December 25 in two phases. The State Election Commission had on October 4 announced postponement of polls in the State citing law and order to be the reason. The State Government, through governor, promulgated an Ordinance to defer panchayat elections in Gujarat by three months basis law and order situation in the state not being conducive for holding elections.
The term of six municipal corporations, 56 municipalities, 230 taluka panchayats and 31 district panchayats would end between October 15 to November 4 this year. The state EC is also planning to issue notification to this effect on December 2.
The State Election Commission announced its intent to hold the polls in Gujarat High Court on Thursday, after being pulled by the court for delaying the polls. “Bear in mind that the Election Commission is an independent agency and not controlled by the State or any agency,” the high court said. The Bench of Acting Chief Justice Jayant Patel and Justice N V Anjaria also directed the State Election Commission to produce the original files of its decision to hold back panchayat elections.
The Bench also questioned the ordinance by the Governor saying that it appeared to contradict recently amended Panchayat Act that provides for immediate polls after completion of the term of an elected body, except in case of natural calamity.
The senior counsel appearing for the SEC stated that, on the basis of a report from the home department, the commission was of the opinion that the election could not be held in the State in a free and fair manner. On this, the court sought to know why SEC did not approach the High Court when the country’s apex court had in the past issued clear directives that if the State failed to provide security to the Election Commission for free and fair elections, the EC can approach the high court for necessary orders.