SADASIVAN PILLAI P R Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a public interest litigation filed by two social workers for a direction to the State Election Commission to conduct election to the Local Self Government Institutions namely, Panchayats, Municipalities and Municipal Corporations strictly in terms of the constitutional provisions namely Article 243E and 243U of the Constitution of India. We have heard learned counsel appearing for the petitioners, learned standing counsel appearing for the State Election Commission and learned Senior Government Pleader appearing for the State.

(2.) The counsel for the petitioners has relied on constitutional provisions and various decisions of the Supreme Court and High Courts and particularly the decision of the Supreme Court in Kishansing Tomar Vs. Municipal Corporation of the City of Ahmedabad, 2006 8 SCC 352 and contended that constitutional provisions visualise the holding of election in time so that simultaneously on the expiry of five years term of the previous council of the Panchayats or Muncipal Corporations, new council takes over charge.

(3.) It is conceded that the five year tenure of the present panchayats and other local Self Government Institutions is expiring on 1.10.2010 and since elections are not notified obviously installation of the new elected bodies will not be possible in terms of the above provisions of the constitution, in.