The court reaffirmed the constitutional mandate for timely elections in local bodies, emphasizing that procedural delays cannot impede democratic processes.

JUDGMENT :

Sujit Narayan Prasad, ACJ.

1. Since the issues involved in the both the intra-court appeals are identical, as such with the consent of learned counsel for the parties, the same were heard together and are being disposed of by this common order.

Prayer:

2. The instant intra-court appeals, under clause 10 of the Letters Patent, are directed against common order/judgment dated 04.01.2024 passed by learned Single Judge of this Court in W.P.(C) No. 1923 of 2023 with W.P.(C) No. 2290 of 2023, whereby and whereunder while allowing the writ petitions, the State Government was directed to notify the elections, immediately on receipt of the recommendation of the State Election Commission, in relation to Municipal Corporation, Municipalities and Nagar Panchayats in the State of Jharkhand and further directed the State to ensure all facilities so that the democratic process of election of Municipal Corporation, Municipalities and Nagar Panchayats be not hampered or hindered by any means.

Factual Matrix:

3. The brief facts of the case, as per the pleadings made in the writ petitions, reads as under:

4. The petitioner, in writ petition being WP(C) No.1923 of 2023, which subject matter of L.P.A. No. 55 of 2024, has made a prayer for direction upon the respondents-State to immediately and forthwith notify the election process for Nagar Panchayat, Jamtara, as the term of Nagar Panchayat, Jamtara was to expire in May 2023. In alternate, 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. Further prayer has been made to quash the order by which, after expiry of the term of Nagar Panchayat, Jamtara, Administrator has been appointed.

5. Likewise, the writ petitioners in WP(C) No. 2290 of 2023, which is the subject matter of L.P.A. No. 57 of 2024, has made a prayer 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, whereby administrator has been appointed for administering the activities of the municipality, after expiry of the term of the elected members.

6. In sum and substance, in both writ petitions, the prayer has been made for a direction upon the respondents (appellants herein) to notify the election of Municipal Corporations, Municipalities and Nagar Panchayats and alternatively, i.e., the seating members be allowed to function till the fresh elections are held.

7. Learned counsel for the writ petitioner during the course of argument has 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.

8. The learned Single Judge, after hearing learned counsel for the parties and taking note of the constitutional mandate and law laid down by the Hon’ble Apex Court, allowed the writ petitions directing the State Government to notify the elections, immediately on receipt of the recommendation of the State Election Commission, in relation to Municipal Corporation, Municipalities and Nagar Panchayats in the State of Jharkhand and further directed the State to ensure all facilities so that the democratic process of election of Municipal Corporation, Municipalities and Nagar Panchayats be not hampered or hindered by any means.

9. It is evident from the factual aspects that the election of Deoghar Municipal Corporation, Dhanband Municipal Corporation and Chas Municipal Corporation was held in the months of May-June, 2015 and even after expiry of the tenure of the elected mayors as well as ward counselor