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As HC declined a stay, MCD polls may be held in December

A bench of Chief Justice Satish Chand Sharma and Justice Subramaniam Prasad allowed the plea of State Congress President Anil Kamar. However, the court said that it is not putting any stay on the MCD) elections.

As HC declined a stay, MCD polls may be held in December

(File Photo)

There is a legal screw in the process of Municipal Corporation of Delhi (MCD) elections. While fixing December 14 hearing on a petition of Delhi Pradesh Congress President Anil Chaudhary, the Delhi High Court has sought a response from the Delhi State Election Commission and the Central and state governments. However, the court has not given any stay on the elections.

Nevertheless it is speculated in political circles that the civic polls will be held in the month of December.

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A bench of Chief Justice Satish Chand Sharma and Justice Subramaniam Prasad allowed the plea of State Congress President Anil Kamar. However, the court said that it is not putting any stay on the MCD) elections. Legal experts are of the view that if the State Election Commission announces the election schedule during this period, the petition filed in the high court will have no meaning.

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Senior Advocate Salman Khurshid, appearing for petitioner Anil Kumar, submitted that his plea is not against holding of municipal elections, but for the conduct of the elections in a rational manner.

He argued that the notified delimitation does not reflect equal and proportional representation, as there is inequality in terms of population of the ward.

The petition said that ‘the total population of Delhi as per 2011 Census is 1,67,87,941 and if this is divided by the total number of 250 wards, the average population of each ward should be 65,000 plus/minus ten percent’. The population of each ward should be 71,500 as per upper limit and 58,500 as per minimum limit. But, surprisingly the Commission has not complied by it. Due to this, the wards have been unequally delineated according to their preferences.

Now that the matter reached the court if BJP wants, it can postpone the elections as the State Election Commission has an excuse to have the matter in court. However, since the court has said that it is not putting any stay on the corporation elections, it is believed the elections will be held in the month of December itself.

The Delhi State Election Commission may announce the Delhi Municipal Corporation elections in the first week of November. The commission had issued orders on Thursday itself to the concerned officers to prepare the voter list for this. voter list is to be finalized by November 6.

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