Mandatory timely municipal elections under Article 243U cannot be delayed by ordinary administrative reasons

Article 243U makes completion of municipal elections before expiry of the five-year term mandatory, reflecting the constitutional scheme for timely local governance. The State Election Commission must conduct elections within that period and cannot defer the process on ordinary administrative grounds such as electoral roll revision or ward delimitation. Only truly exceptional and unavoidable circumstances may justify departure, and even then delay cannot become routine. The constitutional mandate for timely municipal elections is therefore affirmed, with administrative delay insufficient to dilute compliance.

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Issues: (i) Whether the constitutional requirement under Article 243U that an election to constitute a Municipality shall be completed before the expiry of its five-year duration is mandatory, and whether delay can be justified on administrative grounds.

Analysis: The constitutional scheme for municipalities was introduced to ensure regular and timely elections and to prevent continuance of unelected or extended bodies. Article 243U fixes the duration of a Municipality at five years and requires the election to be completed before expiry of that term. The State Election Commission has the duty to conduct elections in time and cannot postpone the process on ordinary grounds such as revision of electoral rolls or ward delimitation. Only truly exceptional and unavoidable circumstances may justify departure, and even then the delay cannot become a regular feature. The constitutional powers of the State Election Commission are independent and are intended to secure free and fair elections within the mandated time.

Conclusion: The requirement of holding municipal elections before the expiry of the five-year term is mandatory, and the respondents cannot rely on ordinary administrative delay to justify non-compliance. The principle applies in favour of the appellant.

Final Conclusion: The constitutional mandate for timely municipal elections was affirmed, and no further relief was required because the new municipal body had already been constituted.

Ratio Decidendi: Article 243U obliges the competent authorities to complete municipal elections before expiry of the statutory tenure, subject only to truly exceptional impossibility, and administrative delay cannot dilute that mandate.

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