State Election Commissions lack power, cause delays in urban local government polls: report

The report, released in Delhi on August 6, said that out of the 34 SECs, only eight had the power of ward delimitation and reservation of wards, while two had powers of delimitation alone. Twenty-four SECs do not have any powers over both ward delimitation and reservation, the report added.

Saying that due to the absence of clear timelines for electoral processes, the state governments change the rules, reservation orders and boundaries of urban local governments, the report pointed out that “these create electoral uncertainty in cities”.

Citing Comptroller and Auditor General (CAG) of India reports, Janaagraha said 61 per cent of the ULGs in 17 states had witnessed election delays. It said that the state governments have overriding powers, leading to cities functioning without elected councils.

The report also highlighted that while the Constitution empowers the SECs to conduct local government elections, it is silent on issues of ward delimitation, reservation and timelines. “This has led to inconsistencies across states and delays in holding elections,” it said.

The report recommended constitutional amendments to define the frequency for delimitation and reservation and to empower the SECs with these powers.

At the release of the report, former Assam state election commissioner Alok Kumar said, “Cities being key drivers of economic growth, sustainable uses of resources and social justice require a governance model deeply entrenched in the Constitutional jurisdiction and division of power. This is an idea whose time has come. There is no substitute to independent, empowered and resourceful local self-government if we aspire to become a developed country by 2047.”

Janaagraha CEO Srikanth Viswanathan said timely elections to ULGs must be “non-negotiable”. “Elections once in five years before expiry of the term of the outgoing elected body is well established for ULGs, just like in the case of Lok Sabha and Vidhan Sabha. The 74th Constitution Amendment Act and Supreme Court judgements are unequivocal in this. Yet state governments are delaying elections to hundreds of ULGs with impunity, with delays sometimes stretching for months and years on end. This status quo needs to stop,” he added.