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2018 Supreme(P&H) 4410
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
A.B. Chaudhari, Harnaresh Singh Gill, JJ.
Dalip Kumar - Appellant
Versus
State Of Haryana - Respondent
Civil Writ Petition No. 19822 of 2018 (O&M)
Decided On : 19-12-2018
M.K. Verma, Advocate, for the Petitioners; Anil Mehta, Deputy Advocate General, Haryana, for the Respondents; Anirudh Singh, Advocate, for the Respondent No. 2
The central legal point established in the judgment is the necessity of fulfilling the constitutional obligation and public interest in conducting municipal council elections expeditiously, as mandated by the Haryana Municipal Act, 1973, and Article 243-U of the Constitution of India.
Headnote:
Municipal Council - Election Mandate - Haryana Municipal Act, 1973, Article 243-U of the Constitution of India, Haryana Municipal (Amendment) Act, 2018 - Section 12, 7A - The judgment discusses the constitutional and statutory provisions mandating the completion of municipal council elections before the expiration of its duration, the requirement for delimitation and reservation of wards, and the role of the State Election Commission. The court emphasizes the necessity of fulfilling the constitutional obligation and public interest in conducting elections expeditiously, highlighting the failure of the State to perform its statutory obligation.
Fact of the Case:
The Municipal Council, Rewari was constituted in 2013, and its tenure expired on 19.03.2018. Despite reminders, the election was not conducted due to non-completion of wardbandi and lack of consent from the State Government. The petitioners sought a writ of mandamus to direct the respondents to conduct the election.
Finding of the Court:
The court found that the State failed to fulfill its statutory obligation and constitutional mandate to conduct the election before the expiration of the council's duration. It emphasized the public interest in expeditiously completing the election process and directed the respondents to hold and complete the election of the Municipal Council, Rewari in accordance with the law on the existing delimitation of wards.
Issues: Non-completion of wardbandi, lack of consent from the State Government, failure to conduct the election before the expiration of the council's duration.
Ratio Decidendi: The court emphasized the constitutional and statutory provisions mandating the completion of municipal council elections before the expiration of its duration, highlighting the necessity of fulfilling the constitutional obligation and public interest in conducting elections expeditiously.
Final Decision: CWP No.19822 of 2018 is allowed, and the respondents are directed to hold and complete the election process of the Municipal Council, Rewari in accordance with the law on the existing delimitation of wards. No order as to costs.
JUDGMENT
Harnaresh Singh Gill, J. - C.M. No.16861 of 2018
Application is allowed.
Rejoinder filed on behalf of respondent No.1 is taken on record.
CWP No. 19822 of 2018
Rule. Rule heard with the consent for the rival parties.
2. By the present petition, the petitioners seek a writ of mandamus for directing the respondents to accord consent for conducting general election of the Municipal Council, Rewari.
FACTS
3. In the present case, house of Municipal Council, Rewari was constituted in Year 2013. The first meeting of the house of the Municipal Council, Rewari was held on 19.03.2013. Thus, as per the provisions of Article 243-U of the Constitution of India and Section 12 of the Haryana Municipal Act, 1973 (for short, 1973 Act'), the State Election Commission was bound to conduct the election before 19.03.2018. The house of Municipal Council, Rewari was dissolved w.e.f. 19.03.2018 and Sub Divisional Officer (Civil), Rewari was appointed as Administrator of the Municipal Council by the Principal Secretary, Government of Haryana, Urban Local Bodies Department.
4. As per the stand taken by the State of Haryana, in its short reply by way of affidavit of Shri Shekhar Vidyarthi, Special Secretary to Government of Haryana, Urban Local Bodies Department, the constitution of adhoc committee and issuance of preliminary notification for the purpose of delimitation of the wards and final notification were according to the Rules 3, 4, 9 and 10, respectively, of Haryana Municipal Delimitation of Ward Rules, 1977. Further stand of the respondent No.1 in this case is that State Government has already issued the preliminary notification and objections/suggestions received against the preliminary notification were under process of examination and the final notification of wardbandi is to be issued in due process of law. It is not disputed that tenure of the elected body of Municipal Council was completed on 19.03.2018. It is further stated in the affidavit that Municipal Administration with the collaboration of Deputy Commissioner, Rewari are under process to complete the aforesaid survey and to complete the process, the department of answering respondent has taken various steps to expedite the matter for preparing the proposal of delimitation of wards of Municipal Council, Rewari. It is further stated that State Election Commissioner, Haryana, vide notification dated 23.01.2018 proposed to take further action on the basis of existing delimitation of wards of Municipal Council, Rewari but the department has requested the State Election Commission that as process of survey of population of Municipal Council, Rewari is under process and moreover, due to the limit extension of Municipal Council, population/seats may be increased and fresh wardbandi is required.
5. It is also not disputed that Municipal Council, Rewari was constituted in year 2013 and first meeting of the house of Municipal Council was held on 19.03.2013. The State Election Commission/respondent No.2 was bound to conduct the election on or before 19.03.2018 i.e. before expiry of its duration.
6. As regards the stand taken by the State Election Commission/respondent No.2 in an affidavit through Dr. P.K. Sharma, Secretary, the general election of the Municipal Council, Rewari was required to be conducted before 19.03.2018 but because of noncompletion of wardbandi by the State Government and non-receipt of consent from the State Government, the election could not be conducted in time. It is the further stand of respondent No.2 that after every official census, the total number of seats of each committee/council is required to be fixed by the Government on the basis of latest census figures.
7. It is the specific stand of the State Election Commission/respondent No.2 that in view of constitutional responsibilities and provisions of Act and Rules, a letter dated 23.05.2014 was sent to the Government with a request to complete the work of redetermination of number of wards and reservation
