Ashish Saini & Others vs State Of Uttarakhand & Others

Ramesh Ranganathan, CJ

While elections to the Roorkee Municipal Corporation and Selaqui Nagar Panchayat could, possibly, not be held in view of the interim orders passed in the writ petitions which are now listed before us, there is no order of any Court disabling either the State Government from issuing a notification, or the State Election Commission from conducting elections, to the Srinagar Garhwal Nagar Palika.

The only submission put forth by Mr. M.C. Pande, learned Additional Advocate General for the State Government, is that the process for determining reservation for the post of Chairman is still underway. As noted, in our order dated 30.05.2019, the term of office of the previous body of Srinagar Garhwal Nagar Palika expired in May, 2018, more than a year ago, and yet the constitutional mandate of Article 243-U has not been complied with by holding elections till date.

The Supreme Court, in Kishansing Tomar Vs. Municipal Corporation of the City of Ahmedabad and Ors : (2006) 8 SCC 352, has held that, since the duration of the Municipality is fixed as five years from the date of its first meeting and no longer, it is incumbent upon the Election Commission and other authorities to carry out the mandate of the Constitution, ensure that a new Municipality is constituted in time, and elections to the Municipalities are conducted before expiry of its duration of five years as specified in clause (1) of Article 243-U. The only exception carved out in the said judgment, for not holding elections, are man-made calamities, such as rioting or breakdown of law and order, or natural calamities which could distract the authorities from holding elections to Municipalities. The Supreme Court made it clear that these were exceptional circumstances, and under no circumstance would the Election Commission be justified in delaying the process of election, after consulting the State Government and other authorities.

It does appear, prima facie, that the State Government is dragging its feet. Not only have they failed to provide reservation for the post of Chairman even as on date, though it is stated to be the ostensible reason for not conducting elections for the past one year, Mr. M.C. Pande, learned Additional Advocate General for the State Government, would submit that no time-frame has been indicated by the State Government within which elections to the Srinagar Garhwal Nagar Palika would be held. We had, in our order in Writ Petition (M/S) No. 3154 of 2018 dated 24.05.2019, recorded the submission of the learned Additional Advocate General that elections to the Bajpur Nagar Palika would be held on or before 15.07.2019. When we asked him whether election would be completed to Srinagar Garhwal Nagar Palika before 15.07.2019, learned Additional Advocate General would submit that he has no instructions in this regard; and he is in no position to indicate the time-frame within which elections to the Srinagar Garhwal Nagar Palika would be held.

It is nobody's case, not even that of the State Government or the State Election Commission, before us that the State Government is disabled from holding election to Srinagar Garhwal Nagar Palika in view of man-made calamities or natural calamities, as referred to in the order of the Supreme Court in Kishansing Tomar Vs. Municipal Corporation of the City of Ahmedabad and Ors : (2006) 8 SCC 352.

We consider it appropriate, in such circumstances, to direct the State Government to hold elections to Srinagar Garhwal Nagar Palika, along with Bazpur Nagar Palika, and complete the process of elections before 15.07.2019. A compliance report of the election notification being issued, and the schedule for election being fixed, shall be filed before this Court by 17.06.2019.

Post on 17.06.2019 in the daily list.

Let a certified copy of this order be issued to the parties, on payment of prescribed charges, today itself.