NDLI: Dravida Munnetra Kazhagam (dmk) Vs. Secretary Governors Secretariat and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India Part IX – Arts.243-B 243-O & 243-ZG 243-C r/w 243- B(1)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Constitution of India – Part IX – Arts.243-B, 243-C r/w 243- B(1), 243-O & 243-ZG – Lead applicant (in present IAs) is the appellant in C.A.Nos.5467-5469/17, wherein an order of the Madras High Court refusing to issue certain directions to the Tamil Nadu State Election Commission was challenged – It was claimed therein that the State Government was deliberately postponing elections; unconstitutionally altering constituencies and refusing to effect rotation for gaining undue political advantage – On 12.11.2019, the State Government issued notification dividing four existing districts of Tamil Nadu to create nine new districts – In view of deference to various Supreme Court orders, the State Election Commission on 02.12.2019 announced the Elections Programme for all Panchayats at the village, intermediate and district levels – Present IAs filed inter alia to strike down the said Notification and direction to conduct local body elections only after delimitation of the newly carved districts – Held: Constitutional object of Part IX, envisaging democratisation of grass-root level administration, cannot be effectively achieved unless the delimitation exercise for constitution of local bodies at all levels is properly undertaken – Such exercise in the State of Tamil Nadu must keep in view the criteria for delimitation of wards prescribed under the 2017 Regulations, which criteria must itself not be contrary to Art.243-C r/w Art.243-B(1) – Election process as notified on 02.12.2019, in respect of the newly constituted nine districts cannot be held unless fresh delimitation exercise in respect thereto is first completed – State Government cannot justify holding local body elections of these nine districts by relying upon Supreme Court’s order dated. 18.11.2019 as the said order itself mandates notification of elections only after completing “all legal formalities”– Directions issued – Further, the only grievance raised in the main appeals was that the local body elections ought be held on the basis of the 2011 Census and not of 2001; and considering how the respondents have already used the 2011 Census while conducting the latest delimitation exercise (except in the newly re- constituted nine districts), these appeals are rendered infructuous – Tamil Nadu Panchayats (Second Amendment) Act, 2016 – Tamil Nadu Delimitation Commission Act, 2017 – Tamil Nadu Local Bodies Delimitation Regulations, 2017 – Tamil Nadu Panchayats (Reservation of Seats and Rotation of Reserved Seats) Rules, 1995 – r.6.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice Surya Kant
Neutral Citation	2019 INSC 1326
Petitioner	Dravida Munnetra Kazhagam (dmk)
Respondent	Secretary Governors Secretariat And Ors.
SCR	[2019] 14 S.C.R. 704
Judgement Date	2019-12-06
Case Number	5467

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Dravida Munnetra Kazhagam (dmk) Vs. Secretary Governors Secretariat and Ors.

Please Log-in to view this content

All India Anna Dravida Munnetra Kazhagam Vs. L.k. Tripathi and Others

B. C. Das Etc. Vs. State of Assam & Ors.

Commissioner of Sales Tax, U.p. Vs. M/s. Sanjiv Fabrics

Raja Kulkarni and Others Vs. The State of Bombay.

Raunaq Education Foundation Vs. State of Haryana & Ors.

All India Bank Employees' Association Vs. National Industrial Tribunal & Others

Manohar Lal Sharma Vs. The Principal Secretary & Ors.

Dahiben W/o Ranchhodji Jivanji and Ors. Etc. Vs. Vasanji Kevalbhai (dead) and Ors. Etc.

Deepak S/o Laxman Dongre Vs. The State of Maharashtra & Ors.

Dravida Munnetra Kazhagam (dmk) Vs. Secretary Governors Secretariat and Ors.

Dravida Munnetra Kazhagam (dmk) Vs. Secretary Governors Secretariat and Ors.

Please Log-in to view this content

Similar Documents

All India Anna Dravida Munnetra Kazhagam Vs. L.k. Tripathi and Others

B. C. Das Etc. Vs. State of Assam & Ors.

Commissioner of Sales Tax, U.p. Vs. M/s. Sanjiv Fabrics

Raja Kulkarni and Others Vs. The State of Bombay.

Raunaq Education Foundation Vs. State of Haryana & Ors.

All India Bank Employees' Association Vs. National Industrial Tribunal & Others

Manohar Lal Sharma Vs. The Principal Secretary & Ors.

Dahiben W/o Ranchhodji Jivanji and Ors. Etc. Vs. Vasanji Kevalbhai (dead) and Ors. Etc.

Deepak S/o Laxman Dongre Vs. The State of Maharashtra & Ors.

Dravida Munnetra Kazhagam (dmk) Vs. Secretary Governors Secretariat and Ors.