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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
State of Jharkhand – Appellant
Versus
Roshini Khalkho – Respondent
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
The court reaffirmed the constitutional mandate for timely elections in local bodies, emphasizing that procedural delays cannot impede democratic processes.
The court reaffirmed the constitutional mandate for timely elections, ruling that delays based on incomplete formalities are impermissible in a democratic setup.
The principle of rotation as mandated by Section 10(1-A) of the Karnataka Municipal Corporations Act, 1976 (the Act) and the Rules made thereunder.
The classification of municipal posts based on population percentages must adhere strictly to constitutional mandates and cannot be altered through arbitrary administrative decisions.
Rules of game cannot be altered after the commencement of the game and the said moral obligation is applicable to the respondent-State also.
Amendments to Panchayati Raj election rules must comply with constitutional provisions, including reservation based on population, not arbitrary criteria, with necessary prior consultation.
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