The Delhi high court on Friday directed the State Election Commission to hold bypolls in 13 municipal wards in the capital within three months, saying “filling up casual vacancies of the councillors cannot be postponed any longer.”
A bench headed by Chief Justice G. Rohini directed the Delhi government and others to comply with the constitutional mandate by conducting the byelections within a timeframe.
“The Government of NCT of Delhi shall make available the manpower sought by the State Election Commission as well as the required funds within four weeks from today for conducting the elections for filling up the casual vacancies in terms of the provisions of the DMC Act.
“The respondent No. 1/SEC shall take the necessary further steps and complete the byelections to all the casual vacancies existing as on today in the three municipal corporations of Delhi within three months thereafter,” the bench said.
It asked that when both the Delhi government and the State Election Commission have expressed willingness to conduct the byelections, why have the polls not been held till date.
“Though both the SEC and the Delhi government expressed their readiness to conduct the byelections, it is ‘un-understandable’ as to why the elections could not be conducted to fill up the casual vacancies till date,” the bench, also comprising Justice Jayant Nath, said.
The court order came on a PIL, filed by 20-year-old law student Sanjana Gahlot, on bad civic condition in her village with drain water overflowing on all streets, filth spread everywhere and the entire village suffering due to foul smell.
Seven wards in the South Delhi Municipal Corporation, four in the north and two in the east are currently without councillors.
The bench said that except stating that the delimitation of wards is in progress, no justifiable reason could be shown by the SEC and the Delhi government for their failure to conduct the elections.
