Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1770

SUPREME COURT OF INDIA
A.M. KHANWILKAR, ABHAY S. OKA, C.T. RAVIKUMAR, JJ.
Rahul Ramesh Wagh – Petitioner
Versus
The State of Maharashtra and Others – Respondents
Petition for Special Leave to Appeal (C) No. 19756 of 2021
Decided On : 04-05-2022

Advocates:
Advocate Appeared:
For the Petitioners: Hrishikesh Chitaley, Vijay Kari Singh, Kaustubh Kadasne, Chandra Prakash, Devdatta P. Palodkar, Shashibhushan P. Adgaonkar, Rana Sandeep Bussa, Omkar Deshpandey, K. Parameshwar, Kailas Bajirao Autade, Sregurupriya, Sudhanshu S. Choudhari, Mahesh P. Shinde, Rucha A. Pande, Devadatt Kamat, Vatsalya Vigya, Santosh Paul, Vikrant Yadav, G.K. Sarkar, Malbika Sarkar, Anzu. K. Varkey, Bharti Tyagi, Rahul Joshi.
For the Respondents: Anand Dilip Landge, Ajit Kadethankar, A.T. Sanas, Shekhar Naphade, Shyam Divan, C. Aryama Sundaram, Rahul Chitnis, Aishwarya Dash, Kumar Mitakshara, Sachin Patil, Aaditya A. Pande, Geo Joseph, Shreeyash Lalit, Shwetal Pnde, Suhas Kadam, Kailas Bajirao Autade, Sudhanshu S. Choudhari, Bharti Tyagi, Shashibhushan P. Adgaonkar, Randhir Kumar Ojha, Samrat Krishnarao Shinde, Jyoti Thakur, Kishor Kambat.
For the Intervenors : P. Wilson, Arvind S. Avhad, Abhishek Krishna, Hitesh Kumar Sharma, B.A. Wadhmare, S.K. Rajora, Subhash S. Kadam, Abhijit S. Kamble, Shakul R. Ghatole, Firdos T. Mirza, Purshottam B. Patil, Jaikriti S. Jadeja, Prapti Allagh.

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.

Headnote:
Constitutional Validity - Delimitation - Elections - Reservation - Compliance with Triple Test
Fact of the Case:

The petitions questioned the Constitutional validity of certain Amendment Acts that took away the authority regarding delimitation from the State Election Commission. The State Election Commission had not proceeded with elections in numerous local bodies despite peremptory directions from the Court.
Finding of the Court:

The Court held that the delimitation process should continue by the State of Maharashtra for future elections, but the elections for local bodies that had become due could not be delayed. The Court mandated the State Election Commission to notify the election program for such local bodies within two weeks and conduct the elections based on the delimitation existing prior to the Amendment Acts.
Issues: Constitutional validity of Amendment Acts, authority regarding delimitation, delay in conducting elections, reservation for scheduled castes, scheduled tribes, and other backward classes.
Ratio Decidendi: The Court emphasized the importance of conducting elections for local bodies without delay, citing the Constitution and statutory provisions. It also highlighted the need for compliance with the triple test for providing reservation to other backward classes.
Final Decision: The Court directed the State Election Commission to proceed with the election program for local bodies that had become due, based on the delimitation existing prior to the Amendment Acts. It also mandated compliance with reservation provisions and the triple test for other backward classes.

ORDER :

W.P. (C) No. 234 of 2022

1. At the request of Mr. Sudhanshu S. Choudhary, learned counsel appearing for the respondent No. 6, delinked. List this matter tomorrow, i.e. 05.05.2022.

Rest of the cases

2. Heard learned counsel for the parties.

3. These petitions have questioned the Constitutional validity of the Sections 2, 3, 4(1) (a) and 5 of the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act and Maharashtra Municipal Councils, Nagar Panchayats, Industrial Townships Act (Amendment) Act, 2022, Sections 2, 3, 4, 5 and 6 of the Maharashtra Village Panchayat and the Maharashtra Zilla Parishad and Panchayat Samiti (Amendment Act), 2022 and Section 2 of the Mumbai Municipal Corporation (Amendment) Act, 2022.

4. The thrust of the challenge is that under the constitutional scheme, the authority regarding delimitation ought to be with the State Election Commission. That has been taken away owing to the coming into force of the Amendment Acts with effect from 11.03.2022.

5. As regards this main question, deeper examination may be necessary for which these petitions must proceed for further hearing.

6. However, we called upon the learned counsel for the Maharashtra State Election Commission to explain as to why the elections in large number of local bodies (around 2486) across the State of Maharashtra, though overdue, and in some cases even overdue for two years, have not been taken forward despite the peremptory direction given by this Court vide successive orders, including dated 03.03.2022.

7. The response of the State Election Commission was that it had taken steps in right earnest until the Amendment Acts came into force and further until the delimitation is done by the State Government under the stated Amendment Acts, it was not possible for it to proceed in the matter.

8. In the background of this submission, we observe and hold that the process of delimitation being a continuous exercise may be continued by the State of Maharashtra, subject to the outcome of these petitions, but that would be relevant only for future elections after such exercise is completed. For that, the elections of local bodies (around 2486) which had become due on expiry of five years term and required to be conducted before expiry of such term in terms of Article 243-E and 243-U of the Constitution of India, including Sections 6 and 6(B) read with Section 452A(2) of the Maharashtra Municipal Corporation Act and related provisions in other enactments governing elections of local bodies, the conduct of elections of such local bodies cannot brook any delay. This mandate is exposited by the Constitution Bench of this Court in Kishansing Tomar vs. Municipal Corporation of the City of Ahmedabad and Others, (2006) 8 SCC 352 (Paras 12 to 14 and 22 to 28, in particular).

9. Accordingly, the election programme of such local bodies must proceed and the State Election Commission is obliged to notify the election programme within two weeks from today in respect of such local bodies including to continue with the process from the stage as on 10.3.2022, on the basis of the delimitation done prior to coming into force of the Amendment Acts w.e.f. 11.03.2022.

10. In other words, the delimitation as it existed prior to 11.03.2022 in respect of concerned local bodies be taken as notional delimitation for the conduct of overdue elections and to conduct the same on that basis in respect of each of such local bodies.

11. Insofar as providing reservation for scheduled castes and scheduled tribes, the mandate of the Constitution and statutory provision must be followed; and in so far as other backward classes, compliance of triple test as predicated by this Court in Vikas Kishanrao Gawali vs. State of Maharashtra, (2021) 6 SCC 73 must be adhered to. Absent such compliance, no reservation can be provided in the local bodies for that category which may go for elections with immediate effect in terms of this order.

12. As requested by the learned counsel for th

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