IMPORTANT POINT
The court reaffirmed the constitutional mandate for timely elections, ruling that delays based on incomplete formalities are impermissible in a democratic setup.

JUDGMENT :

(Sri Ananda Sen, J.) :

These two writ petitions are taken up together.

2. Heard learned counsel Mr. Binod Singh, Mr. Kaushik Sarkhel, appearing on behalf of the petitioners, Mr. Shahabuddin, learned SC-VII and Mr. Gaurav Raj, AC to AAG II for the State and Mr. Sumeet Gadodia, learned counsel for the State Election Commission.

3. In WP(C) No.1923 of 2023, the petitioner has prayed for a mandamus directing the State to immediately and forthwith notify election process for Nagar Panchayat, Jamtara, as the term of Nagar Panchayat, Jamtara was to expire on May 2023. Further prayer has been made that if the elections are not notified and could not be held before the expiry of the term of the Nagar Panchyat, the seating members be allowed to function till the fresh elections are held. A prayer has also been made by way of amendment to quash the order by which, after expiry of the term of Nagar Panchayat, Jamtara, Administrator has been appointed.

4. In WP(C) No. 2290 of 2023, prayer has been made for a direction to hold election of Ranchi Municipal Corporation in view of the mandate under Article 243(U) of the Constitution of India and also in terms of Section 16(4) and 20 of the Jharkhand Municipal Act, 2011, since five years term of the elected body has already expired on 27.04.2023. Further prayer has been made to quash the Notification No. 1680 dated 28.4.2023, issued by respondent No. 4 whereby administrator has been appointed for administering the activities of the municipality, after expiry of the term of the elected members.

5. Thus in both writ petitions, the petitioners have prayed for a direction upon the respondents to notify the election of Municipal Corporation, Municipality and Nagar Panchayat.

6. During course of arguments, it has been brought to the notice of this Court that in the entire State of Jharkhand, the term of all the Nagar Panchayats and Municipalities have come to an end and all these bodies are administered by Administrators in place of any elected body.

7. Mr. Binod Singh and Mr. Kaushik Sarkhel, counsel for the petitioners submit that under Article 243(U) of the Constitution, every municipality, if not dissolved, shall continue for five years. They further submitted that before expiry of the term, steps should have been taken by the Election Commission and the State to notify the elections, to see that the elected body is set at its place. They further argued that in the State of Jharkhand, though the term of these elected bodies has to come to an end long back, yet neither the State Election Commission nor the Government has taken any serious steps to ensure that the elections of Municipal Corporation, Municipalities and Nagar Panchyat are held within time. As per them, by no stretch of imagination, these bodies which are the pillars of the democracy can be left to be administered by an Administrator, nominated by the State. It is the mandate of the Constitution that the people should be given power to administer the same by electing their representatives. They also contended that if the election cannot be held for any reason, as per Section 16(8) of the Municipal Act, 2011, before the expiry of the period of five years specified in sub-section(4), the council shall stand dissolved on the expiration of the said period, and all the powers and functions be vested in the municipal authorities under this Act or under any other law for the time being in force, shall be exercised or performed, as the case may be, by such person or persons to be designated as Administrator or Board of Administrators as the State Government may, by notification, appoint till the general election. They further argues that this provision of law is a temporary provision and cannot be allowed to continue in perpetuity on the garb of not holding election on frivolous ground. They allege against the Government that on frivolous grounds, the State is not notifying the elections, rather they are intending to run the entire s