STATE ELECTION COMMISSION Vs. STATE OF ORISSA

JUDGEMENT

(1.) SINCE similar questions are involved in both the Writ Petitions, they were heard together and are disposed of by this common Judgment.

(2.) THE State Election Commission, Orissa has approached this Court by filing these two Writ Petitions with the allegation that the Election commission is not receiving cooperation of the State Government as well as Municipal Corporation in discharging its constitutional obligation of holding the election to the Municipal Corporations of Bhubaneswar and Cuttack (W.P.(C) No. 12356 of 2008 for Bhubaneswar Municipal Corporation and W.P.(C) No. 12453 of 2008 for Cuttack Municipal Corporation) within the time mandated in the Constitution and, therefore, the Commission has sought the relief for issuing a writ in the nature of Mandamus directing the State Government and the Cuttack Municipal Corporation and Bhubaneswar Municipal Corporation to provide all necessary cooperation and assistance to the State Election Commission, Orissa to enable it to fulfill the constitutional mandate and also, for permitting the Election Commission to hold and complete election in respect of Cuttack Municipal Corporation and Bhubaneswar Municipal Corporation on the basis of existing delimitation of wards and reservation of seats as well as Electoral Roll.

(3.) NOTWITHSTANDING the aforesaid clear and unambiguous constitutional provisions for constituting the Municipal Corporation of Cuttack and Bhubaneswar before the expiry of the duration of five years, the State Government and the Municipal Corporations of Bhubaneswar and Cuttack are not taking any steps necessary for the purpose of holding election in utter disregard of the Constitutional provisions. The further case of the Petitioner is that by letter dated 1.10.2007 addressed to the Chief Secretary, Orissa, it desired that the State Government shall complete the delimitation and reservation process positively by 31.1.2008 so that the Commission will take steps to complete other statutory requirements like preparation of Electoral Roll etc. to complete the General Elections to Urban Local Bodies, including Cuttack and Bhubaneswar Municipal Corporations as per the Constitutional mandate. Pursuant to the said letter, the State Government wrote to the Municipal Commissioner of Cuttack and Bhubaneswar Municipal Corporation vide letter dated 27.10.2007 for publication of final notification relating to Delimitation of Wards and reservation of seats by the Government after considering all objections/suggestions before 10.1.2008. The State Government extended the period from time to time and ultimately issued the Notification on 18.2.2008 for Cuttack and on 15.2.2008 for Bhubaneswar in exercise of powers conferred by Sub -section (1) of Section 60 of the Orissa Municipal Corporation Act, 2003 read with Sub -rule (5) of Rule 3 of the Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats and Conduct of Election) Rules, 2003. The aforesaid Notification was challenged by different Corporators and others before this Court in a batch of Writ Petition. One of the Writ Petitions, namely, W.P.(C) No. 4159 of 2008 filed by one Sri Dharmesh Nayak, Corporator of Ward No. 2, was disposed of by this Court on 15.5.2008. In the said order, this Court quashed the notification dated 18.2.2008 and directed to proceed in the matter afresh in accordance with the mandate of Sections 7 and 60 of the Orissa Municipal Corporation Act read with Rule 4(3) of the Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats and Conduct of Election) Rules, 2003 and take a fresh decision on the objection of the Petitioner in consonance with the statutory provisions and keeping in view the principles of consultation as laid down by the Hon'ble Apex Court in AIR 1975 SC 2216 and AIR 1994 SC 268 and other decisions relating to consultation in respect of Cuttack Municipal Corporation. But till now no step has been taken by the State Government. In respect of Bhubaneswar Municipal Corporation, the aforesaid Notification was challenged by Pramod Mohapatra, a Corporator of Bhubaneswar Municipal Corporation before this Court in W.P.(C) No. 5274 of 2008.