H.R. Sharma (Dr.) vs Commissioner/Secretary Housing and Urban Development

1,"Date for publication of Draft

Rolls",04.03.2016(Friday)

2,Period of filling of claims and,"04.03.2016 (Friday) to

14.03.2016

3,"Disposal of claims and

objections","15.03.2016 (Tuesday) to

19.03.2016 (Saturday)

4,"Preparation of supplements of

additions, deletions and

correction",By 24.03.2016 (Thursday)

5,"Final Publication of Electoral

Rolls",28.03.2016 (Monday)

regarding the schedule of elections to be announced and the matter was posted for 11.04.2016. On 11.04.2016, the learned Advocate General",,

requests for time to get instructions on this issue and the time was granted up to 21.04.2016. Thereafter the matter was listed today. Today also,,

there is no positive response from the Chief Electoral Officer or from respondent nos. 1 and 2. The Learned Advocate General submitted that an,,

outer limit be fixed.,,

Section 14(2) of the Act reads thus:,,

(2) An election to constitute a municipality shall be completed-",,

(a) before the expiry of its duration specified in sub-section (1);,,

(b) before the expiration of a period of six months from the date of its dissolution:""",,

Thus it is evidence that the Act mandates holding of elections to Municipal Committees/Councils/Corporations and all local bodies within six,,

months before the expiry of office of previously elected members/Board and the said period having been over. The respondents are not expected,,

to disobey the statutory requirement. The contention that due to non-availability of elected members/Board, the funds allocated for various",,

purposes to local bodies under 13th Finance Commission could not be utilized and even the funds sanctioned under 14th Finance Commission,,

could not be utilized due to which welfare activities are stalled and duty is cast on the part of government to conduct the elections forthwith. We,,

deem it appropriate to cite judgment of Hon'ble the Supreme Court reported in (2006) 8 SCC 352 (Kishansing Tomar v. Municipal Corpn.,,

Ahmedabad) wherein the Supreme Court while dealing with the question of revision of electoral rolls by the State Election Commission, noticed",,

that the Election Commission shall complete the election before the expiration of the duration of five years' period as stipulated in Clause (9) of,,

Article 243-U of the Constitution and not yield to situation that may be created by vested interests to postpone elections beyond the stipulated,,

time. The State Election Commission shall take steps to prepare the electoral rolls by following due process of law, but that too should be done in",,

a timely manner and in no circumstances, shall the elections be delayed so as to cause gross violation of the mandatory provisions contained in",,

Article 243-U of the Constitution. The said judgment was followed in the decision reported in (2012) 4 SCC 483 (K.B. Nagur, M.D.",,

(Ayurvedic) v. Union of India) and in paragraph No. 35 it is held thus:-,,

Statutory or constitutional independence is a prerequisite to the proper functioning of such statutory bodies. Their appropriate constitution, in",,

accordance with the provisions of the statute is mandatory. All concerned, including the Central and the State Governments have the onus to",,

discharge their duties and functions effectively and expeditiously, in coordination and within the time specified. No Court can permit any authority,",,

much less the Central or State Government to frustrate the statutory requirement of a provision and also the very object of an Act.""",,

Thus, we are of the view that respondents shall finalise the schedule of dates to conduct the elections to the Urban Local Bodies within a period",,

of three months and complete the elections process for all the Urban Local Bodies within a period of three months therefrom. As the date has to,,

be fixed by the respondents taking note of various factors, we are leaving same to the 3rd respondent who in consultation with the appropriate",,

authority shall take immediate steps to announce the schedule.,,

The writ petition is disposed of with above directions.,,