Tamil Nadu   

Plea challenging amendment to Panchayat Act admitted

Special Correspondent

Petitioner says it violates general constitutional policy

CHENNAI: An amendment to the Tamil Nadu Panchayat Act, empowering the Government to appoint any person of any age to the post of State Election Commissioner and reappoint him without any limit of terms, has been challenged in the Madras High Court.

The petitioner, S.R. Balasubramoniyan, sought to quash the amendment made to Section 239 (2)(b) of the Tamil Nadu Panchayat Act, and notified on October 10, 2005. Seeking to stay its operation, he said it violated the general constitutional policy.

A Division Bench, comprising Justice M. Karpagavinayagam and Justice K.N. Basha, admitted the plea and ordered notices to the Secretaries of Law and Local Administration Departments, returnable in two weeks.

Pointing out that the incumbent State Election Commissioner was to turn 62 years on January 2, 2006, the petitioner said the impugned amendment had been made only to reappoint him. "The amendment would result in abuse and shall cause serious and irremediable injury to public cause, constitutional machinery, defeat of constitutional provisions and policy, panchayat democracy, erosion of faith of public in fair and just election," the Congress leader said.

The Constitution nowhere provides for a post of a civil servant, government servant and Judges without any age limit or specific number of terms, Mr. Balasubramoniyan said: "In view of the amended Act, for the post of Election Commissioner a retired civil servant of any age can be appointed and also he shall be reappointed for any number of terms at the will of the State Government."

He further said: "The Government and constitutional policy in our country have certain restrictions with regard to age limit, number of terms, etc. There cannot be a post in our sovereign democratic country with both no age limit and unspecific number of terms, save the elected posts." Conditions of service always include tenure or termination, superannuation, changing the age of superannuation, etc. The present move would help the Government in power to have a "biased and obliging officer of its choice conducting elections to panchayats, making a mockery of the whole institution," he added.

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