TaxTMI 
TaxTMI 
TaxTMI 
2006 (10) TMI 489
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....ho was the writ petitioner before the High Court, was the Chairman of the Standing Committee of the Ahmedabad Municipal Corporation (hereinafter referred to as "AMC"). The elected body of the AMC was constituted for the relevant period pursuant to an election held in October, 2000 and its term was due to expire on October 15, 2005. The appellant apprehended that the authorities may delay the process of election to constitute the new Municipal body and therefore filed the aforesaid writ petition on 23rd August, 2005. The AMC filed an affidavit before the High Court stating that it was the responsibility of the third respondent, namely, the State Election Commission, to conduct the elections in time. The State Election Commission, in a separate affidavit in reply, submitted that under the provisions of the Bombay Provincial Municipal Corporations Act, 1949, the State Govt. had issued a Notification on 8th June, 2005 determining the wards for the city of Ahmedabad by which the total number of wards had been increased from 43 to 45 and in view of the increase in the number of wards, the Commission was required to proceed with the exercise of delimitation of the wards of the city of Ahm....
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....the part of the authorities to complete the process of election before the expiry of the period of five years from the date appointed for first meeting of the Municipality. The counsel for the respondents, especially the counsel for the State Election Commission contended that every effort was made by the Election Commission to conduct the elections before the stipulated time, but due to unavoidable reasons, the elections could not be held and the preparation of the electoral rolls and the increase in the number of wards had caused delay in the process of election and under such circumstances the delay was justified in conducting the elections. 5. The question that arises for consideration is whether Article 243U of the Constitution, by which the duration of the Municipality is fixed is mandatory in nature and any violation could be justified in the circumstances stated by the respondents. Article 243U of the Constitution reads as follows: 243U. Duration of Municipalities, etc. (1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer: Provided that a Munici....
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....er of seats reserved under Clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. Clause (3) of this Article further provides that not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. Clause (6) empowers the State Legislature to make any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens. 6. The provisions contained in the Bombay Provincial Municipal Corporations Act, 1949 also are relevant to be noted here. Section 6 of this Act deals with the duration of a corporation. It reads as under: 6. Duration of Corporation: (1) Every Corporation unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer. (2) A Corporation constituted upon the dissolution before the expiration of its dura....
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....relating to urban local bodies are incorporated in the Constitution, particularly for - (i) putting on a firmer footing the relationship between the State Government and the Urban Local Bodies with respect to: (a) the functions and taxation powers, and (b) arrangements for revenue sharing. (ii) ensuring regular conduct of elections. (iii) ensuring timely elections in the case of supersession; and (iv) providing adequate representation for the weaker sections like Scheduled Castes, Scheduled Tribes and women. Accordingly, it has been proposed to add a new Part relating to the Urban Local Bodies in the Constitution to provide for.... ... (f) fixed tenure of 5 years for the Municipality and re- election within a period of six months of its dissolution. 8. The effect of Article 243U of the Constitution is to be appreciated in the above background. Under this Article, the duration of the Municipality is fixed for a term of five years and it is stated that every Municipality shall continue for five years from the date appointed for its first meeting and no longer. Clause (3) of Article 243U states that election ....
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.... that the mandate of Article 174 would require that the Assembly should meet every six months even after dissolution of the House and that the Election Commission had all along been consistent that normally a Legislative Assembly should meet at least every six months as contemplated by Article 174 even where it has been dissolved. As the last sitting of the Legislative Assembly of the State of Gujarat was held on 3.4.2002, the Election Commission, by its order dated 16.8.2002, had not recommended any date for holding general election for constituting a new Legislative Assembly for the State of Gujarat and observed that the Commission will consider framing a suitable schedule for the general election to the State Assembly in November-December, 2002 and therefore the mandate of Article 174(1) of the Constitution of India to constitute a new Legislative Assembly cannot be carried out. The Reference, thus, came up before this Court. Speaking for the Bench, Justice Khare, as he then was, in paragraph 79 of the Answer to the Reference, held: However, we are of the view that the employment of the words "on an expiration" occurring in Sections 14 and 15 of the Representation of the Peopl....
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....re highlighted by this Court in Special Reference No. 1 of 1974. Situations may be created by interested persons to see that elections do not take place and the caretaker Government continues in office. This certainly would be against the scheme of the Constitution and the basic structure to that extent shall be corroded. 10. From the opinion thus expressed by this Court, it is clear that the State Election Commission shall not put forward any excuse based on unreasonable grounds that the election could not be completed in time. The Election Commission shall try to complete the election before the expiration of the duration of five years' period as stipulated in Clause (5). Any revision of electoral rolls shall be carried out in time and if it cannot be carried out within a reasonable time, the election has to be conducted on the basis of the then existing electoral rolls. In other words, the Election Commission shall complete the election before the expiration of the duration of five years' period as stipulated in Clause (5) and not yield to situations that may be created by vested interests to postpone elections from being held within the stipulated time. 11. The majori....
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....rections of the Election Commission of India during the elections for the Parliament and State Legislatures. In fact, in the domain of elections to the Panchayats and the Municipal bodies under the Part IX and Part IX A for the conduct of the elections to these bodies they enjoy the same status as the Election Commission of India. In terms of Article 243K and Article 243ZA(1) the same powers are vested in the State Election Commission as the Election Commission of India under Article 324. The words in the former provisions are in pari materia with the latter provision. The words, 'superintendence, direction and control' as well as 'conduct of elections' have been held in the "broadest of terms" by this Court in several decisions including in Re : Special Reference No. 1 of 2002 MANU/SC/0891/2002MANU/SC/0891/2002 : AIR2003SC87 and Mohinder Singh Gill's case MANU/SC/0209/1977MANU/SC/0209/1977 : [1978]2SCR272 and the question is whether this is equally relevant in respect of the powers of the State Election Commission as well. 14. From the reading of the said provisions it is clear that the powers of the State Election Commission in respect of conduct of elections....