Ahmedabad

In a strong remark against the Gujarat State Election Commission, the Gujarat High Court today said it was proceeding in such a way as to give the impression that it wanted to postpone the elections to local bodies in the state.

“It is (like) as if you (SEC) have decided to postpone the elections. Your proceeding is like that only,” the division bench of acting Chief Justice Jayant Patel and Justice N V Anjaria said, hearing a plea challenging the ordinance through which the elections were postponed.

The judge’s observation came after the SEC lawyer stated that holding free and fair elections wasn’t possible due to the ongoing agitation of the Patel community for quota.

“If you are unable to do that (hold elections), the Supreme Court has laid down what are the ways available for you. One thing you need to justify is you are an election commission… not controlled by the government or anyone else,” court said.

“Why did you not adhere to the Supreme Court ruling to get assistance from the state? Is it not your solemn duty to hold free and fair election?…Should your privilege be exercised for furtherance of democracy or for diluting the principles of elections?” asked the HC.

Virendra Vaghela, vice president of Gandhinagar district panchayat and a Congress leader, and Jagdish Bhatt, a resident of Umrada Taluka Panchayat in Bhavnagar district, have moved the court. Senior Gujarat Congress leader Shaktisinh Gohil, their lawyer, had earlier said the ordinance violated the Constitution.

On October 4, the SEC announced postponement of polls in the state, citing law and order situation as the reason.

Elections to six municipal corporations, 56 municipalities, 230 taluka panchayats and 31 district panchayats were expected to be held between October and November this year. The SEC said it would decide on new schedule after three months.

PTI