ORAL JUDGMENT

1.Considering the urgency involved in the matter and considering the important issues involved, this petition was taken up by the consent of learned Advocates appearing for all parties for final disposal at admission stage.

2.In the present petition, the petitioner has prayed for a direction, directing the respondents to take all urgent steps necessary for the purpose of holding election to constitute the Municipal Corporation in the City of Ahmedabad before the expiry of its term.

3.The petitioner who is the Chairman of the Standing Committee of Ahmedabad Municipal Corporation, has approached this Court, by filing this petition apprehending that the respondents are not likely to conduct the election for constitution of a newly elected body of Ahmedabad Municipal Corporation, before the term of the existing Councillers would expire. It is the case of the petitioner and about which there is no dispute that the Ahmedabad Municipal Corporation was constituted on 16th of October, 2000, pursuant to the election of its councillers held in the year 2000 under the Provisions of Article 243 U of the Constitution of India and under the Provisions of Bombay Provincial Municipal Corporation Act (Hereinafter to be referred to as the B.P.M.C. Act). Accordingly, upon completion of a term of five years, the term of the office of the present elected councillers would come to an end on 15th of October, 2005.

It is the case of the petitioner that as per the Provisions of Article 243 U of the Constitution, as well as, Section 6B of the B.P.M.C. Act, there is a clear mandate that an election to constitute the Municipal Corporation has to be completed before the expiry of its duration of five years. It is therefore, the case of the petitioner that all formalities for holding the election and for its completion should be concluded before 15th of October, 2005 so that, newly elected body can be installed and can take charge of the Corporation in place of the existing body of the councillers.

The petitioner has stated in the petition that as per the Provisions of Article 243UA of the Constitution of India read with Section 14 of the B.P.M.C. Act, superintendence directions and control for the preparation of all electoral rolls for and conduct of all the elections of the Corporation vest in the State Election Commission (Hereinafter to be referred to as the Commission).

The petitioner has stated in the petition that as the five year term of the Ahmedabad Municipal Corporation is to expire on 15th of October, 2005, the petitioner has in his capacity as Chairman of the Standing Committee of the Corporation addressed a letter to the Commission on 12th of April, 2004. In the said letter, the petitioner had requested the Commission to hold the elections of the Ahmedabad Municipal Corporation, so as to constitute a new body of councillers before the 15th of October, 2005.

On 21/4/2005 the Standing Committee of the Ahmedabad Municipal Corporation passed a resolution resolving to make a representation to the Commission and to the State Government for issuance of a necessary notification for reconstitution of the wards and for allotment of reserved seats. A copy of the said resolution was forwarded to the Commission on 21/4/2005. This resolution was also brought to the notice of the State Government by a letter dated

29/4/2005.

Since, there was no response to the various letters written by the petitioner and the resolution of the standing committee and since, no steps were taken by the respondents for conducting the election before the expiry of the term of the Ahmedabad Municipal Corporation, the petitioner apprehended that unless immediate steps are taken by the Commission, it would be impossible to constitute the Corporation before the term of the existing councillers come to an end.

The petitioner has further stated in his petition that the State Government is interested in postponing the election for the Municipal Corporation of Ahmedabad so that an