HC orders Hyderabad, Rajahmundry Corpn. polls

By Our Legal Correspondent

HYDERABAD, JULY 31. Mr. Justice B. Sudershan Reddy of the AP High Court on Tuesday directed the authorities to conclude the election process for the Hyderabad and Rajahmundry Municipal Corporations within 90 days. The judge expressed unhappiness at the attitude of the State Government in resorting to postponement of elections to these local bodies in violation of the Constitutional amendments.

The judge was allowing writ petitions filed by Mr. Prakash Goud of the city and Mr. Vivekananda of Rajahmundry. Both petitioners sought a direction from the court to conduct elections forthwith. The Government filed a counter-affidavit claiming that it needed 195 days to finalise the process of declaration for reservation of divisions for women, SCs, STs and BCs without resorting to the lottery system. Mr. Justice Reddy did not take kindly to the stand of the State Government.

Wondering how the State Government did not conduct elections for nearly a decade, he reminded it of the fact that after the Constitutional amendments the local bodies were no more `appendages' of the State Governments. He made it clear that these bodies were not merely implementing agencies of the Central and State Governments' schemes.

The judge recalled the words of Gandhiji about gramswaraj and reminded the authorities that inaction to hold elections may amount to violating the Constitutional mandate. Mr. Justice Sudershan Reddy referred to globalisation and liberalisation, and said that cities were theatres where gains and losses occurred and citizens cannot be reduced to mere spectators when cities became casinos of global players.

``The survival of polity will itself, perhaps to a large extent, depend upon the concern and responsibility to be shared by different levels of Government. The local-self governments are meant to play a constructive role and share the responsibility. Such responsibilities cannot be entrusted to nominees or agents of the State Government. Elected representatives are to be entrusted with such responsibilities,'' the judge remarked.

The judge said that it was difficult to accept the plea of the State that it needed a minimum of 195 days. The judge wondered as to why the State Government amended the rules regarding the reservation in July, 2001 when the judgment which the Government wanted to implement was delivered in December, 2000. ``Where there is a will there is a way,'' said the judge, and directed the completion of election process within 90 days from Tuesday.

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