Local body polls: Govt to move SC against stay on reservation process

14-09-2021

Efforts to clear the way for municipal elections

Chronicle Reporter, Bhopal
The Madhya Pradesh government is now going to the Supreme Court against the petition challenging the reservation made for the urban body elections in Madhya Pradesh. Amidst the hearing in the Gwalior Bench of the High Court, the state government has sought time. It has been said on behalf of the state government that it is taking this matter to the Supreme Court, so it should be given 4 weeks’ time. After which the High Court has also given 4 weeks to the government.
Amidst the flurry of urban body elections, the reservation process for the post of mayor, chairman, councilor was challenged in the division bench of the Gwalior High Court. The court said prima facia it appears the rotation method has not been followed in the reservation order, in such a situation, the notification of the said reservation has been completely postponed till the final disposal of the case.
In March, the High Court had sought a response from the Madhya Pradesh government after putting a stay on the process of reservation of two municipal corporations, 79 municipalities, and nagar panchayats. While presenting the reply in the High Court, it was said on behalf of the government that under Article 243 of the Constitution and Section 29 of the Municipality Act, it is not that a post that has been reserved cannot be reserved again. No mistake has been made in reserving the posts of Mayor, Municipality President and Nagar Panchayat Presidents. Reservation has been done following the law. 
But after hearing the argument presented by the Madhya Pradesh government, the petitioner Manvardhan Singh Tomar said that the roster was not followed in the reservation. For which he had filed a petition. But since now the MP government has made up its mind to move the Supreme Court against the petition, now the next hearing of the matter will be held after four weeks.
The stay of the High Court is still in force on the reservation process done earlier, in such a situation, the government has only three ways to conduct local body elections. The first is that the stay of the High Court should be vacated, the second way is to complete the reservation process again and the third way is to put a stay on the said order by challenging the order of the High Court in the Supreme Court. Now the state government wants to clear the way for conducting local body elections soon by adopting the third route.