1996 Supreme(SC) 1419
B.P.JEEVAN REDDY, SUHAS C.SEN
Anugrah Narain Singh – Appellant
Versus
State Of U. P. – Respondent
Judgement Key Points
Based on the provided legal document, here are the key points regarding the judgment:
- Complete Bar on Judicial Interference: There is a complete and absolute bar under Article 243-ZG of the Constitution on considering any matter relating to Municipal Elections on any ground whatsoever after the publication of the notification for holding the election. (!)
- Validity of Delimitation Laws: The validity of laws relating to the delimitation of constituencies or the allotment of seats made under Article 243-ZA cannot be questioned in any Court. (!)
- Exclusivity of Election Petitions: No election to a Municipality can be called in question except by an election petition presented to the authority and in the manner provided by State law. (!)
- Imminence of Election Process: If an election is imminent or well underway, the Court should not intervene to stop the election process to prevent indefinite postponement. (!)
- Basis for Delimitation and Reservations: The latest available census figures must be the basis for delimitation of constituencies, preparation of electoral rolls, and reservation of seats for Scheduled Castes (SC), Scheduled Tribes (ST), and women. (!)
- Survey for Backward Classes: Where census figures for Backward Classes (BC) are not available, the State Government is empowered to conduct a survey to determine their population for the purpose of seat reservation, which is not contrary to the Constitution. (!)
- Procedural History: The elections in Uttar Pradesh were scheduled for November 17–20, 1995, following a High Court direction due to a ten-year lapse since the last election. (!)
- Challenge Grounds: Writ petitions were filed challenging the notifications on grounds of defects in electoral rolls, delimitation of wards, and arbitrary reservation of seats for women, SC, ST, and BC. (!)
- Conflict within High Court: While the Lucknow Bench dismissed the petitions citing Article 243-ZG, another Division Bench (Allahabad) issued an order stopping the elections, creating a conflicting situation. (!)
- Statutory Framework: The Uttar Pradesh Municipal Corporations Adhiniyam, 1959 (amended in 1994) provides specific procedures for delimitation, reservation, and objection filing, including a seven-day period for objections to draft orders. (!)
- Timing of Challenge: The writ petitions were filed late (October 26, 1995), after the finalization of delimitation orders and the withdrawal deadline for nominations, constituting laches. (!)
- Constitutional Mandate for Regular Elections: Holding elections at regular intervals is crucial for democracy, and stalling them based on individual complaints causes grave injustice to the electorate. (!)
- Precedent: The principles from Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman regarding the non-intervention of High Courts in imminent elections apply to municipal elections under Part IX-A. (!)
- Reservation Rules: Article 243-T mandates reservation for SC, ST, and women, with specific provisions for rotating seats and reserving offices of Chairpersons. (!)
- Population Definition: Population for delimitation purposes is defined as that ascertained at the last preceding census of which relevant figures have been published. (!)
- Supreme Court Order: The Supreme Court set aside the High Court's order stopping the elections, directing that the elections proceed as scheduled (with minor postponements for specific dates), and stayed the impugned judgment. (!)
Judgment
Sen, J.-Leave granted.
2. This is an appeal against an order passed by the Division Bench of the Allahabad High Court on 13.11.1995 whereby municipal elections in the State of Uttar Pradesh, which were scheduled to take place from 17th November to 20th November, 1995, were cancelled and/or postponed. Anugrah Narain Singh, who is a former member of the Legislative Assembly of the State of Uttar Pradesh, and Mrs. Rashid Khan, a candidate for the post of Mayor, Allahabad, are the appellants herein.
3. No municipal election had taken place in the State of Uttar Pradesh for the last ten years. The appellant No. 1 moved a writ petition in the Allahabad High Court praying for a direction upon the State Government to hold elections of the Municipal Corporations by 31st May, 1994. The petition succeeded. The Allahabad High Court directed the State of Uttar Pradesh to hold the elections of the Municipal Corporations by 31st July, 1995. On the prayer of the Government, the time was extended till 31st November, 1995 with specific direction to conclude the election by that time. On 11th October, 1995 a notification was issued for holding election for all town areas and Municipal Corporati
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