RAJU THAKUR Vs. STATE ELECTION COMMISSION AND OTHERS

JUDGEMENT

(1.) Aggrieved by the order passed by respondent No.1 on 9.5.2017 (Annexure P-2) whereby the elections to the Shimla Municipal Corporation have been postponed, the petitioner has filed the instant writ petition for the following substantive reliefs:

(2.) The previous elections to Municipal Corporation, Shimla were held in May, 2012 and the Municipal Corporation was constituted on 4.6.2012 with a term of five years which admittedly is due to expire on 4.6.2017, on which date a new elected body is required to be constituted as per the mandate of law.

(3.) This position is not even disputed by respondent No.1, who in its reply has admitted that the term of the Municipal Corporation is going to expire on 4.6.2017. However, it is submitted that the Deputy Commissioner, Shimla in the capacity of Electoral Registration Officer (respondent No.2) vide letter dated 30.3.2017 was asked by respondent No.1 to get the draft electoral rolls verified. The schedule for the preparation of electoral rolls was also issued and sent vide letter dated 11.4.2017. This exercise of verification of the electoral rolls was started by respondent No.2 and thereafter even the draft electoral rolls were published on 11.4.2017 for calling objections. However, a very large number of complaints were received regarding errors in such rolls not only from the various political parties like Bhartiya Janta Party (BJP), Communist Party of India (Marxist) (CPM) (Annexures R-1/3 and R-1/4), but even the Municipal Corporation had passed unanimous resolution (Annexure R-1/5) requesting that the date for filing objections and suggestions be extended. In the meanwhile, this Court also in its order dated 27.4.2017 in CWP No. 815 of 2017 directed the acceptance of complaints on Sunday the 30th April, 2017 and on Monday the 1st May, 2017. This direction was fully carried out and it was still expected that the polls would be held timely.