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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU, J.
Uttam Gop, S/o. Late Shri Kashiram - Petitioner
Versus
State of Chhattisgarh Through the Secretary, Department of Urban Administration and Development & Ors. - Respondents
WPC No. 3509 of 2024
Decided On : 23-09-2024
(A) Chhattisgarh Municipalities Act, 1961 - Section 37 - Constitution of India - Article 243ZA - Casual vacancy in the office of President, Municipal Council, Kawardha - Petitioner sought to compel election for the vacant post after resignation of the President - Court held that election could not be conducted due to the remaining term being less than six months as per Section 37(1) - The court emphasized that the vacancy should not be filled if the remaining period is less than six months. (Paras 22, 23)
(B) Interpretation of Provisions - The court discussed the interpretation of the proviso to Section 37(1) and its application in the context of the main provision, asserting that the intent of the Act is to prevent filling vacancies close to the end of the council's term. (Paras 18, 22)
Facts of the case:
The petitioner, an elected councilor, filed a writ petition due to the failure of the State Election Commission to conduct elections for the President's position after the resignation of the previous President on 11.12.2023. The court noted that the term of the council would end on 05.01.2025, and the election could not be held as it would fall within the six-month period before the term's expiration.
Findings of Court:
The court found no merit in the petition as the election could not be held due to the provisions of the Act regarding the duration of the council.
Issues: The main issue was whether the six-month period under Section 37(1) is to be counted from the date of vacancy or from the date of the election notification.
Ratio Decidendi: The court ruled that the provisions of the Act clearly state that if the remaining period of the council is less than six months, the vacancy should not be filled, emphasizing the importance of adhering to statutory timelines.
Result: Petition dismissed.
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 elections to the office of President Municipal Council Kawardha after the casual vacancy to the said office was duly intimated to respondent No 2 and despite specific direction by this Hon'ble Court in W.P.(C) No. 1516/2024 vide order dated 02.07.2024.
10.4 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case.”
2. Learned counsel for petitioner submits that general election of Municipal Council, Kawardha was held in the year 2000. Municipal Council was constituted on 18.01.2020. According to the provisions under the Chhattisgarh Municipalities Act, 1961 (In short ‘the Act, 1961’), term of council is of five years i.e. till 17.01.2025. After municipal elections, Shri Rishi Kumar Sharma was elected as President of Municipal Council, Kawardha, who continued till he resigned from the post of President on 11.12.2023. Resignation submitted by the President was accepted by the State Government and accordingly notification in this regard was issued on 20.12.2023 and it was published in the official gazette. After becoming vacant of office of President, Municipal Council Kawardha, State Government sent letter of information to the Chhattisgarh State Election Commission about arising of the vacancy in Municipal Council, Kawardha, however, respondent No.2 did not hold election of the President for filling of casual vacancy. It is contention of learned counsel for petitioner that aggrieved with inaction on the part of the State Election Commission, a writ petition was earlier filed bearing WP(C) No. 1516 of 2024, which was dragged on account of the fact that the office of the State Election Commissioner was vacant. Appointment on the post of State Election Commissioner was notified on 21.06.2024, thereafter the writ petition was disposed of vide order dated 02.07.2024 directing the State Election Commission to initiate proceedings for filling up the casual vacancy within period of 7 days from the date of receipt of copy of order. Copy of order dated 02.07.2024 passed in the Writ Petition © 1516/2024 was served in the office of State Election Commission on the next day i.e. on 03.07.2024 along with representation, however, till date, election was not conducted, therefore, this writ petition was filed.
3. It is further submitted that conducting election in the Municipal Council is contemplated under Article 243ZA (1) of the Constitution of India as well as under Section 43 (1) of the Act, 1961. According to the provision under the Act, 1961, post of President (casual vacancy) ought to have been filled up at the earliest immediately after getting information in this regard, in the case at hand in December, 2023. Failure to hold free and fair election by Commission is wholly illegal and reflects deliberate inaction/n
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