Election Laws:
Madhya Pradesh Municipal Act, 1956 – s. 10(1) – Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 – ss. 12, 23 and 30 – Madhya Pradesh Municipalities Act, 1961 – s. 29 –Issue pertaining to non-conduct of elections in respect of large number of local bodies – State not able to complete the triple test formalities hence, reservation for OBC category could not be provisioned by State Election Commission – Also, the State conducting activities of delimitation or formation of wards, thus, elections could not be held – Held: Conduct of elections to install the newly elected body in the concerned local self-government cannot brook delay, owing to the Constitutional mandate in Art. 243-E and 243-U including the provisions in the concerned State Legislation – Delay may be permitted only when the dissolution of a local body is necessitated before the expiry of the term of that local body – Thus, all concerned are obliged to ensure that newly elected body is installed in every local body before the expiry of the
5 years term of the outgoing elected body and in case of appointment of an Administrator by the State, regime cannot continue beyond 6 months – This Constitutional mandate is inviolable – Amendment in the concerned enactments authorizing the State Government to determine the number and extent of wards to be constituted in the local bodies, and delimitation or formation of wards cannot be a tangible ground to not notify election programme within the time frame specified – Delimitation is a continuous exercise and it ought to commence well in advance – Completion of delimitation exercise or triple test formality can wait, if not completed before the expiry of five years term of the outgoing elected body – Therefore, State Election Commission is directed to proceed to issue election programme without any further delay as and when the elections becomes due and without waiting for compliance of triple test – Until triple test formality is completed, no reservation for other backward classes can be provisioned – If the triple test formality is not completed before the issue of election programme, the Seats, except reserved for the SCs and STs, be notified as for the General category – As and when the delimitation exercise or the triple test formality is completed, elections conducted thereafter may have to abide by such dispensation.
Vikas Kishanrao Gawali v. State of Maharashtra (2021)
6 SCC 73; Kishansing Tomar v. Municipal Corporation of the City of Ahmedabad & Ors. (2006) 8 SCC 352 : [2006] 7 Suppl. SCR 454; K. Krishna Murthy (Dr.) & Ors. v. Union of India & Anr. (2010) 7 SCC 202 : [2010]
6 SCR 972 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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