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SUPREME COURT OF INDIA
A.M. Khanwilkar, Abhay S. Oka, C.T. Ravikumar, JJ.
Suresh Mahajan – Appellant
Versus
State of Madhya Pradesh & Anr. – Respondents
Writ Petition (Civil) No. 278 of 2022
Decided On : 10-05-2022
Arbitrary Powers - State Election Commission - Madhya Pradesh Municipal Act, 1956, Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, Madhya Pradesh Municipalities Act, 1961 - Section 10(1), Sections 12, 23, 30, and Section 29 - The court directed the State Election Commission to issue election program without delay, emphasizing the constitutional mandate for timely elections and installation of elected bodies in local self-government. The court highlighted the inviolable nature of the constitutional mandate and the obligation of all concerned parties to ensure uninterrupted governance by elected representatives.
Fact of the Case:
The case involved the non-conduct of elections in numerous local bodies in the State of Madhya Pradesh, leading to a breakdown of the rule of law and a palpable violation of the constitutional mandate for the functioning of local self-government.
Finding of the Court:
The court found that the State Election Commission must issue the election program without delay, and the State Government must provide logistical support to ensure timely elections and installation of elected bodies in local self-government.
Issues: The issues revolved around the failure to conduct elections in a large number of local bodies, the delay in completing the triple test formalities for providing reservation to Other Backward Classes, and the arbitrary exercise of powers by the State Government.
Ratio Decidendi: The court emphasized the inviolable nature of the constitutional mandate for timely elections and installation of elected bodies in local self-government, highlighting the obligation of all concerned parties to ensure uninterrupted governance by elected representatives.
Final Decision: The court directed the State Election Commission to issue the election program without delay, and the State Government to extend adequate logistical support to ensure the timely conduct of elections and installation of elected bodies in local self-government.
Key Points: - The Court directs the State Election Commission to issue election programmes without delay to ensure timely elections and installation of elected bodies. (!) - It affirms the inviolable constitutional mandate that local self-government must be governed by elected representatives without interruption, and that delays undermine rule of law. (!) (!) - It states that delimitation or triple test formalities cannot justify postponing election programmes; elections must proceed on a notional basis if needed. (!) (!) (!) (!) - It requires the State Government to provide adequate logistical support to the Commission to accomplish timely elections. (!) - It clarifies that reservations for Other Backward Classes cannot await completion of triple test while elections due/overdue proceed, except for SC/ST reservations which are constitutional. (!) (!) - It notes the scale of overdue elections in MP and dates to proceed with notifications for 23,263 local bodies. (!) (!) - It directs compliance with this order across states and allows for interim relief applications to avoid disruption. (!) (!) - It indicates that the First Report on triple test is not complete compliance and requires empirical, local-body-wise recommendations by the Commission. (!) (!) - It establishes that elections overdue despite amendments cannot be delayed on grounds of ward delimitation; notional basis is permissible for notification. (!) (!)
JUDGMENT :
A.M. Khanwilkar, J.
This writ petition assails the validity of Section 10(1) of the Madhya Pradesh Municipal Act, 1956, Sections 12, 23 and 30 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 and Section 29 of the Madhya Pradesh Municipalities Act, 1961 as being arbitrary and usurping the powers and independence of the State Election Commission.
2. By stated amendments, the State Government has been authorized to issue notification from time to time determining the number and extent of wards to be constituted in the concerned local bodies. More or less, similar situation obtains in the dispensation provided for in the State of Maharashtra, after the amendment of relevant enactments as noted in our order dated 04.05.2022 passed in SLP(C) No. 19756 of 2021 and connected cases.
3. The grounds urged in the present writ petition are similar to the issues raised and involved in the aforementioned matters pertaining to State of Maharashtra. This Court vide order dated 04.05.2022 has already noted that deeper examination of the questions raised by the parties will be necessary; and, therefore, the matters have been ordered to be posted for further hearing. It is appropriate that even this matter is heard along with the said group of cases. We order accordingly.
4. Reverting to the issue of non-conduct of elections in respect of large number of local bodies in the State of Madhya Pradesh, even that is no different. As a matter of fact, the number in this State is quite staggering. The chart handed over to the Court by the learned counsel for the Madhya Pradesh State Election Commission, indicates that there are about 321 urban local bodies, where elections have not been held from 2019-2020. Further, the local bodies at the grassroot level (rural local bodies) where elections have not been held in the same manner are around 23,073, as of now.
5. The elections have not been held assumedly for the same reason as in the case of State of Maharashtra, namely, the State has still not been able to complete the triple test formalities as predicated in the decision of this Court in Vikas Kishanrao Gawali Vs. State of Maharashtra, (2021) 6 SCC 73. As a result of which, reservation for Other Backward Classes (OBC) category cannot be provisioned by the State Election Commission. This has happened despite the peremptory directions given by this Court vide successive orders, including dated 03.03.2022. This Court had made it amply clear that conduct of elections to install the newly elected body in the concerned local self-government cannot brook delay, owing to the Constitutional mandate exposited in Article 243-E and 243-U including the provisions in the concerned State Legislation in that regard.
6. A somewhat hiatus situation occurs and is permitted only when the dissolution of a local body is necessitated before the expiry of the term of that local body. Else, the term of the local self-government has been specified as 5 (five) years from its first meeting, "and no longer", in Article 243-E as well as in Article 243-U. This has been restated by the Constitution Bench of this Court in Kishansing Tomar Vs. Municipal Corporation of the City of Ahmedabad & Ors., (2006) 8 SCC 352 (paras 12 to 14 and 22 to 28, in particular).
7. Thus, all concerned are obliged to ensure that the newly elected body is installed in every local body before the expiry of 5 (five) years term of the outgoing elected body. Even in case of dissolution before the expiry of five years period, where an Administrator is required to be appointed by the State, that regime cannot be continued beyond 6 (six) months by virtue of relevant provisions in the respective State Legislation(s).
8. This constitutional mandate is inviolable. Neither the State Election Commission nor the State Government or for that matter the State Legislature, including this Court in exercise of powers under Article 142 of the Constitution of India can countenance dispensation to the con
The main legal point established in the judgment is the inviolable nature of the constitutional mandate for timely elections and installation of elected bodies in local self-government, emphasizing t....
The court reaffirmed the constitutional mandate for timely elections, ruling that delays based on incomplete formalities are impermissible in a democratic setup.
The court reaffirmed the constitutional mandate for timely elections in local bodies, emphasizing that procedural delays cannot impede democratic processes.
Article 243E mandates elections to Panchayati Raj Institutions before five-year term expiry; Disaster Management Act orders cannot override this constitutional duty absent proven exceptional circumst....
The obligation of the State to collect and collate contemporaneous data for the purpose of reservation of seats for the Backward Classes and the continuity of actions taken under the U.P. Rules despi....
The importance of conducting timely elections for local bodies and the need for compliance with reservation provisions and the triple test for other backward classes.
Compliance with the triple test exercise is necessary before providing for reservation of seats for the OBC category in local Government elections.
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