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2022 Supreme(SC) 437

A. M. KHANWILKAR, ABHAY S. OKA, C. T. RAVIKUMAR
Suresh Mahajan – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For the Petitioner(s):Gautam Awasthi, Ayush Choudhary, Devanshu Yadav, Sameer Pandey, Varun Thakur, Brajesh Pandey, Anilender K. Pandey, Advocates
For the Respondent(s):Tushar Mehta, SG K. M. Nataraj, ASG Saurabh Mishra, AAG D. S. Parmar, AAG Bharat Singh, AAG Harmeet Singh Ruprah, Adv. Manish Yadav, Indira Bhakar, Mrinal Gopal Elker, Sharath Nambiara, Vinayak Sharma, Siddharth Seth, Kartik Seth, M/S. Chambers Of Kartik Seth, P. S. Patwalia, Nikhil Jain, Advocates

Judgement Key Points

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. (!) (!)

How to issue the election programme without delay to ensure timely installation of elected local bodies?

What is the constitutional mandate regarding timely elections and uninterrupted local self-government?

What are the obligations of the State Election Commission and State Government to ensure elections proceed despite ongoing delimitation or triple test formalities?


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


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