AJEET JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) These writ petitions are connected with each other as they relate to holding of forthcoming elections of Municipalities and/or Municipal Corporations in the State of Utter Pradesh. In Civil Misc. Writ Petition No. 53557 of 2011 (in short called as the "first writ petition') when the relief is sought for commanding the respondents to hold election of Municipalities before 15th of November, 2011 within the time prescribed, irrespective of completion of Census-2011 but as per Census-2001, which is now existing, in Civil Misc. Writ Petition No. 55520 of 2011 (in short called as the "second writ petition') the relief has been similarly sought for but subject to availability of ward-wise and caste-wise, particularly in connection with Scheduled Castes, Scheduled Tribes and Other Backward Classes, census figure of 2011 and delimitation by the State. Conflicting stand between two group of petitioners and the common submission of the State respondents are briefly narrated hereunder.

(2.) According to the petitioner in the first writ petition, last Municipal Election was held on 02nd November, 2006. First meeting of the elected bodes of respective Municipalities and Municipal Corporations in the State were held on different dates between 15th November, 2006 and December, 2006 respectively. Therefore, next election should be held within five years from the date appointed for first meeting of the respective elected bodies. Moreover, last census was made in the year 2001. Current census of the year 2011 is still going on. Admittedly, notification has been issued with regard to recent census in early part of the year 2011, but till date nothing has happened. Therefore, the election is liable to be held within time on the basis of the census of 2001, following the constitutional mandate.

(3.) On the other hand, submissions of the petitioners in the second writ petition are that census process has already taken effect awaiting final publication, if any. Population between 2001 and 2011 has enormously increased. Therefore, subject to that final publication within a shortest possible time, holding of elections of the Municipal Bodies can be notified. Since protection of interest of the Scheduled Castes and Scheduled Tribes is also a constitutional mandate, unless the recent census is published and delimitation is effected by the State, proper representation of the people, especially of Scheduled Castes and Scheduled Tribes, cannot be made.