The Hindu : Front Page : Court quashes legislation

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Friday, Mar 17, 2006

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Court quashes legislation

Special Correspondent

Bench holds as invalid an amended provision of the Tamil Nadu Panchayats Act

CHENNAI: The Madras High Court on Thursday struck down Tamil Nadu Government legislation that provided for re-appointment of the State Election Commissioner without any bar on tenure as well as upper age limit.

The First Bench of Chief Justice A.P. Shah and Justice Prabha Sridevan held as invalid an amended provision of the Tamil Nadu Panchayats Act, while allowing a public interest litigation petition filed by State Congress Legislature Party leader S.R. Balasubramoniyan.

It permitted the incumbent State Election Commissioner to continue in the post for four weeks "from today [Thursday]." During the period, the Government must take an appropriate decision.

In its order, the Bench said "the wordings `shall be eligible for re-appointment' in the amended Section 239(2)(b) of the Act is struck down." During the course of arguments, the Government conceded its case to some extent.In his petition, the Congress leader said: "There cannot be a post in our sovereign democratic country with both no age limit and unspecified number of terms, save the elected posts." He averred that conditions of service always included tenure or termination, superannuation, changing the age of superannuation etc.

Re-appointing a candidate without age and tenure limit 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."

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