AASHISH SAINI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 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.

(2.) 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 dtd. 30/5/2019, 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.

(3.) The Supreme Court, in Kishansing Tomar v. Municipal Corporation of the City of Ahmedabad: (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.