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This Article is From Oct 21, 2015

High Court Pulls up Gujarat Government for Putting off Local Body Elections

High Court Pulls up Gujarat Government for Putting off Local Body Elections
The Gujarat High Court today directed the state Election Commission to prepare for local body elections immediately.
Ahmedabad: The Gujarat High Court on Wednesday debunked a government ordinance to postpone local body elections by three months, and directed the state Election Commission to start preparations for the elections immediately.

Chief Justice Jayant Patel and Justice JV Anjaria also criticised the state poll panel for toeing the government line that the law and order situation in Gujarat was not conducive for free and fair polls.

"If elections can be held in Jammu and Kashmir, surely the situation in Gujarat is not worse," the court said.

The judges also turned down the remedy of an appeal before the Supreme Court.

This is the first time since Narendra Modi took charge of Gujarat as chief minister in October 2001 that the ruling BJP has sought to postpone any election.

Anandiben Patel took over the chief minister's chair after Mr Modi was sworn in as Prime Minister in May last year.

The high court order follows two writ petitions challenging the October 4 ordinance to postpone the elections citing law and order concerns, in the wake of protests by the Patidar Anamat Andolan Samiti (PAAS) demanding job quotas for the Patel community.

The Congress has alleged that the Anandiben Patel government was trying to postpone the elections and appoint administrators on the local bodies fearing an electoral backlash from the Patel community.

The terms of six municipal corporations, 56 municipalities and 230 taluka (tehsil) and 31 district panchayats, a majority of which are controlled by the BJP, are expiring between this month and November.

The court also pointed out that there were no provisions to appoint administrators in the panchayats.

The first petition was filed by Congress legislator Shaktisinh Gohil, in reply to which the State Election Commission had cited the Patel agitation as the reason for wanting to put off the elections.

The poll panel, however, said the elections would be held in December.