T HANUMANTHAPPA Vs. STATE OF KARNATAKARESENTED

JUDGEMENT

(1.) THIS Writ Petition is filed in public interest by the President, Vice President and three councillors of the Town Municipal Council, Sindhanur, seeking a writ of mandamus directing respondents 1 to 3 not to hold elections to the Town Municipal Council, Sindhanur, till the completion of the process of delimitation/determination/constitution of wards as per the 2001 census and for other appropriate reliefs.

(2.) THE facts in brief are as under : in the last elections held in 2001 to the Town Municipal Council, Sindhanur, the number of wards/seats was 27 as statutorily determined under the provisions of Section 11 of the Karnataka municipalities Act, 1964 (for short hereinafter referred to as "the Act" ). The determination of the number of wards in a Town Municipal Council is based on the population of the Municipality. The election in 2001 was based on the population as ascertained in 1991 census. In 2001 census, as officially published, the population of Sindhanur Town Municipal Area is 61,262, as is clear from the Census Data, Annexure-A. On the basis of the aforesaid population as per Section 11 (1) (a) the number of Councillors for Town Municipal Council, Sindhanur, is 31. The government has to determine/constitute 31 wards on the basis of the aforesaid population and then has to issue a notification under Section 13 of the Act determining the number of wards.

(3.) THE State addressed a letter as per Annexure-B dated 3. 5. 2005 to the Deputy Commissioner of Raichur District bringing to his notice the aforesaid legal provisions and called upon him to determine the number of seats for each municipalities as per the table in Section 11 of the Act basing 2001 population figures. The Chief Officer of the Town Municipal Council as per annexure-C prepared a sketch and map of the bifurcation of the wards and gave all the necessary information to the Deputy Commissioner by his letter dated 15. 3. 2006 for enabling the Deputy commissioner for delimitation and determination of 31 wards. The State Election Commission by letter dated 13. 1. 2006 brought to the notice of the Principal Secretary, Urban Development department, the fact that the term of five Corporations and 39 Urban Local Bodies will be expiring by June 2006 and similarly the term of Bangalore City Corporation will expire by november 2006 and the term of 48 Municipalities will expire by December 2006 and, therefore, the delimitation of wards is required to be done based on 2001 census in respect of Urbal Local bodies whose term is expiring. They called upon the authorities to complete this delimitation of wards and notifications regarding ward wise to be sent to the Commission well in advance and made it known that if there is any delay in issue of notifications regarding ward wise reservations it is difficult to complete the work pertaining to electorals, identification of polling booths and conducting elections to Urban Local Bodies, in time. The Deputy Secretary to the Government Urban Development Department sent a reply to the said letter informing that by letter dated 12. 2. 2004 the Delimitation Commission has directed that the existing boundaries of various administrative units such as Districts, Taluks, Hoblies, Villages, Wards, etc. , as on 15. 2. 2004 shall not be altered or changed in any manner till the delimitation of the State is finally notified. Therefore, they sought a clarification whether in the light of the aforesaid directions of the delimitation Commission whether they can enhance the number of wards on the basis of 2001 census. The Government of Karnataka addressed a letter dated 3. 3. 2006 to the Secretary, delimitation Commission of India, in those circumstances seeking clarification. By letter dated 20. 4. 2006 the Delimitation Commission of India clarified that in view of the bar of reorganization of Administrative Units, the exercise of creation of wards and reorganization of municipal bodies may be deferred till the delimitation work is over in the State of Karnataka. Again a letter was addressed to the Delimitation Commission bringing to their notice the legal requirements and the opinion of the Law Department of Karnataka. In reply to the same the delimitation Commission of India forwarded a copy of the letter dated 23. 1. 2004 wherein a direction was issued to all the State Governments not to alter or change boundaries of various administrative units including the Municipal Corporation Wards as on 15. 2. 2004 till the delimitation of State is finally notified. Therefore, the Government was instructed not to alter the boundaries of the wards till the delimitation process is over in Karnataka. The State Election Commission by letter dated 4. 5. 2006 addressed to the Deputy Commissioners of all the Districts where elections had to be held in June 2006 and called upon them to take steps to prepare a voters' list as the State Government had decided to continue the wards which are existing presently without birfurcating/delimiting the City-Local Bodies Wards which are completing their term in the month of June. The Deputy Commissioner, Raichur, acting on the aforesaid letter called upon the Tahsildars of Manvi and Sindhanur to prepare the voters' list on the basis of the existing wards and polling booths on the basis of the voters' list of the legislative assembly dated 1. 1. 2006.