PANKAJSINH WAGHELA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) This petition filed in the nature of public interest litigation raises challenge to the manner in which the respondents -the State Government as well as the State Election Commission have decided to conduct election of Councilors to different Municipal Corporations in the State of Gujarat. Sole objection of the petitioner is that when the local area of Municipal Corporation is divided into different wards, each ward must have one Councilor and policy of having multi -member wards (three number in present case) is constitutionally invalid.

(2.) Briefly stated, facts are as follows:..

(3.) Appearing for the petitioner, learned Senior Advocate Shri Yatin Oza vehemently contended that electing three Councilors from each ward of a Municipal Corporation is directly in conflict of democratic principles of "one man one vote". He further contended that the election to the Municipal Corporation is to be conducted in the same manner as State Legislative Assembly, wherein different constituencies is represented by one single member and no more. He relied on the provisions contained under Article 243R and 243S(4) of the Constitution to contend that constitutional provisions for conducting of election to Municipal Corporation does not envisage multi -member wards. He therefore, contended that the statutory provisions particularly, Section 5 of the BPMC Act and Rule 4 of the Delimitation Rules of 1994, providing to the contrary is unconstitutional and therefore, invalid.