PATA RAM BHEEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS group of writ petitions has been filed before issuance of the notification for municipal elections seeking direction to postpone the process of election pointing- out serious defects in delimitation of wards, arbitrary reservation of wards for SC/ST, OBC & Women.

(2.) THE main thrust of the challenge is that the delimitation of wards and reservation of seats provided under Section 9, 11, 13, and 14 of the Rajasthan Municipalities act, 1959, hereinafter referred-to as "the Act of 1959, read with Article 243P(g) of the Constitution of India have not been done as per the latest census of 2001 but the last census report of 1991. It is not in dispute that the ensuing Municipal Elections are proposed to be held on the basis of delimitation of wards and reservation of seats as per the last census report of 1991 and not the latest census report of 2001. However, it is submitted inter alia that five years' term of forty five local bodies (Corporation/Council/Board) is going to expire on 28.11.2004. As per the Constitutional mandate under Article 243U, whereby the elections for the Municipal Corporations/Councils/Boards are required to be conducted before expiry of the term but on account of respondent order passed by the Delimitation Commission, no determination could be made. It is further submitted that no prejudice is caused, as the final Electoral Roll which is yet to be published, has been prepared on the basis of the latest survey report. A plea has been raised on behalf of the respondent- Election Commission is terms of Article 243ZG of the Constitution that there is complete & absolute bar of interference by courts in electoral matters relating to local authorities. Thus, the following issues arise for consideration. (i) Whether it is obligatory on the respondents to conduct the ensuring Municipal Elections only on the basis of delimitation of wards & reservation of seats as provided under ss. 9, 11, 13 & 14 of the Act of 1959 read with Article 243P(g) of the Constitution as per the latest Census of 2001 instead of last Census of 1991? (ii) Whether Delimitation Act, 2002 has no application to the Municipal Elections, as it has been specially enacted for readjustment of allocation of seats to the House of the People in the State? (iii) Whether it mandatory for the State Government to hold the Municipal Elections before expiry of the term of five years? (iv) Whether in terms of Article 243ZG of the Constitution, there is a complete & absolute bar in considering any mater relating to Municipal Election on any ground even before the publication of the Notification for holding Municipal Elections by the Court?

(3.) THE composition of municipalities has been dealt with in Article 243R which provides that all seats in a municipality shall be filed by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.