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PARTH PRATEEM SAHU
Uttam Gop, S/o. Late Shri Kashiram – Appellant
Versus
State of Chhattisgarh Through the Secretary, Department of Urban Administration and Development – Respondent
ORDER :
Parth Prateem Sahu, J.
1. Petitioner who is an elected councilor of Municipal Council, Kawardha from Ward No.17 has filed this writ petition with a grievance that respondents are not holding the election for filling of the casual vacancy of President, Municipal Council, Kawardha, which arose on account of resignation of the elected President Shri Rishi Kumar Sharma on 11.12.2023 and has sought for following reliefs:-
10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ directing respondent No. 2 to 4 to immediately hold elections to the office of 'President', Municipal Council Kawardha, which the authorities deliberately failed despite specific direction by this Hon'ble Court in W.P.(C) No. 1516/2024 vide order dated 02.07.2024.
10.3 This Hon'ble Court may kindly be pleased to issue an appropriate writ directing initiation and institution of an enquiry against the officers responsible for not holding the electi
Elections for a casual vacancy in a municipal council must be held within statutory timelines, and if less than six months remain in the council's term, the vacancy should not be filled.
The court determined that indirect elections for Mayor can proceed despite the short duration remaining in the current term, affirming distinct treatment from direct elections subject to statutory re....
The tenure of elected municipal councillors is strictly five years as per constitutional mandate, with no provisions for extensions despite interruptions caused by administration appointments.
A bye-election cannot be conducted if the remaining tenure for the elected member is less than six months, as per the proviso to Section 63 of the Maharashtra Zilla Parishads and Panchayat Samitis Ac....
Point of Law - Statutory provisions of resignation under section 35 (5) are completely and wholly different than the one under section 37 of the Municipality Act and therefore, interpretation which h....
The reservation for women in the Municipality Act includes all categories of women, irrespective of whether they are from exclusively reserved seats or unreserved seats.
Respondent-State Government is required to hold elections to the Nelamangala CMC and reconstitute Council in terms of Section 358 of Act. Since it has been noticed by this Court that the process of d....
The Administrator can be appointed under Section 315 of the Karnataka Municipalities Act when elections are not held before the end of the Municipal Council's five-year term, without violating Articl....
The tenure of elected municipal councils is fixed at five years without extension, and appointment of Administrators is valid during the interregnum to ensure governance.
Elections cannot be validly held in a municipality without reconstitution of wards post-expansion, violating representation rights.
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