RASIKCHANDRA DEVSHANKER ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Proclaiming their commitment to the upholding of the democratic principles and institutions in this country some public spirited citizens have filed writ petitions, which are, inter alia, being disposed of by this common judgment, challenging the validity of the Gujarat Local Authorities (Temporary Postponement of Elections) Act, 1994 (hereinafter referred to as "the Impugned Act") whereby elections which are or will become due of the Panchayats, Municipalities and the Corporations are sought to be postponed till after 4th January, 1995.

(2.) In the State of Gujarat, there are three types of local authorities in existence viz., Panchayats in the rural areas and Municipalities and Municipal Corporations in the urban areas. The Panchayats were originally governed by the provisions of the Gujarat Panchayats Act, 1961 but the said Act has now been replaced by the Gujarat Panchayats Act, 1993 (hereinafter referred to as " the Panchayats Act"). The Municipalities are governed by the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Municipalities Act"), whereas the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as "the BPMC Act") deals with the Corporations. It is not in dispute that there are only six Municipal Corporations in existence, viz., Surat, Baroda, Ahmedabad, Rajkot, Jamnagar and Bhavnagar while the number of Municipalities which have been constituted are 62.

(3.) Under the provisions of the aforesaid Acts, election are required to be held regularly. The duration of each Panchayat, Municipality and Corporation is of five years and before the completion of the term, fresh election are required to be held. Without amending any provision in any of these three Acts, relating to holding of the elections, the impunged Act has been passed whereby the election process, including the preparation of the electoral rolls, has been postponed till after 4-1-1995. The petitioners contend that this Act is ultra vires the Constitution.