G.ROHINI, J.

1. This public interest petition is filed bringing to the notice of this Court, the alleged inaction on the part of the respondents in filling up the casual vacancies in all the three Municipal Corporations of Delhi which are stated to be lying vacant since December, 2013.

2. It is pleaded in the writ petition that the councillors in the Municipal Ward Nos.44, 55, 67, 86, 124, 136, 168, 214 and 238 had resigned and consequently casual vacancies have occurred in 9 Municipal Wards on 20.12.2013. Similarly, 4 additional vacancies occurred on 07.02.2015 consequent to resignation of Councillors of the Municipal Ward Nos.126, 166, 176 and 199. It is pleaded that in spite of the fact that the General Parliamentary Elections were held in April-May, 2014 and thereafter, elections to Delhi Assembly were held in February, 2015, the State Election Commissioner/respondent No.1 failed to take steps to fill up the above said casual vacancies in terms of the mandatory provisions of the Delhi Municipal Corporation Act, 1957 (for short ‘the DMC Act’).

3. In the affidavit filed by the respondent no.1/State Election Commission dated 28.08.2015, the fact that 13 casual vacancies are existing has not been disputed and it is explained that the Commission also desires to conduct election at the earliest and accordingly by letter dated 24.02.2015 requested the Government of NCT of Delhi to arrange the funds to meet the expenditure of about Rs.21 crores. That apart, the Commission also requires manpower of about 4,500 ground level personnel and 50 officers to be appointed as Returning Officers, Election Observers, Expenditure Observers, Assistant Returning Officers and Sector Officers which has to be made available by the Government for a period of about two months. The North Delhi Municipal Corporation which is the Nodal Corporation for all the three Corporations for the purpose of the bye-elections has also addressed a letter dated 11.03.2015 requesting the Government of NCT of Delhi to arrange the funds of Rs.21 crores as advance to meet the election expenditure.

4. It is further stated that once the funds are provided by the State Government along with the manpower, the Commission can immediately start the election process. The Commission has accordingly filed an application being CM No.18134/2015 seeking a direction to the Government of NCT of Delhi to provide the requisite funds and other resources for the conduct of elections to the casual vacancies occurred in 13 Municipal Wards.

5. The respondent No.4/Government of NCT of Delhi filed a short affidavit dated 14.10.2015 stating that the manpower requirement and the finance involved in the conduct of the elections are matters to be finalized by the State Election Commission in consultation with the Government of NCTD and the same is under progress. It is further stated that the process of delimitation of Wards of all the three Municipal Corporations of Delhi has been taken up in pursuance of the order of the Lieutenant Governor dated 18.09.2015 and the same is in progress. It is explained that the Municipal Elections were held in April, 2012 on the basis of the delimitation exercise carried out in the year 2007 on the basis of 2001 census. Since the distribution of population of the city has undergone substantial changes in the past 10 years, delimitation exercise is imperative for conducting the next Municipal Elections which are due in April, 2017 in terms of Section 3(6) of the DMC Act. The issues of the release of funds and manpower for the purpose of conducting elections to fill up the casual vacancies will be taken up with the State Election Commission and the logistical support as may be practical would be extended to the State Election Commission.

6. We have heard the Petitioners appearing in person and the learned counsel for the Respondents.

7. Section 2(5) of the DMC Act defines the casual vacancies as a vacancy occurring otherwise than by efflux of time in the office o