Noting that years of delay in conducting elections to over 23,000 local bodies in Madhya Pradesh "borders on the breakdown of the rule of law", the Supreme Court on Tuesday declared that State Election Commissions across the country cannot skip its constitutional obligation to conduct polls to Local Bodies every five years.
A Bench led by Justice A.M. Khanwilkar, in a judgment, said election commissions cannot reel out grounds like ongoing delimitation or formation of new wards to delay elections where it was due or even overdue.
"Ongoing activity of delimitation or formation of ward cannot be a legitimate ground to be set forth by any authority, much less the State Election Commission, to not discharge its constitutional obligation in notifying the election programme at the opportune time and to ensure that the elected body is installed before the expiry of the five-year term of the outgoing elected body," the Supreme Court held.
