Shimla Municipal election not likely to be deferred in Himachal

Shimla: The State Election Commission of Himachal Pradesh might not be defer the Shimla MC election due this month, despite the state government yet remaining undecided to conduct the same under the guise of partly quashing of delimitation of wards by the Himachal Pradesh High Court on Friday or

due to other related constitutional obligations.
The latest election petition decided by the Supreme Court ruled that under the above circumstances, the election of local bodies should be held well before the expiry of the tenure of such body.
The verdict given by the Division Bench comprising Justices AM Khanwilkar, Abhay S Oka and CT Ravikumar on May 10, 2022 in Suresh Mahajan versus state of Madhya Pradesh and another, said that all concerned are obliged to ensure that the newly-elected body is installed in every local body before the expiry of five years term of the outgoing elected body.
“Even in case of dissolution before the expiry of five years period, where an Administrator is required to be appointed by the State, that regime cannot be continued beyond six months by virtue of relevant provisions in the respective State Legislation(s).
This constitutional mandate is inviolable. Neither the State Election Commission nor the State Government or for that matter the State Legislature, including this Court in exercise of powers under Article 142 of the Constitution, can countenance dispensation to the contrary.
The fact that the state legislature has effected amendments in the concerned enactment(s) authorising the state government to determine the number and extent of wards to be constituted in local bodies within the state also cannot be a tangible or legitimate ground to not notify the election programme within the time-frame specified by the Constitution and the law made by the Legislature in that regard.
In any case, the ongoing activity of delimitation or formation of ward cannot be a legitimate ground to be set forth by any authority much less the State Election Commission – to not discharge its constitutional obligation in notifying the election programme at the opportune time and to ensure that the elected body is installed before the expiry of five years term of the outgoing elected body.
If there is need to undertake delimitation, which indeed is a continuous exercise to be undertaken by the concerned authority, it ought to be commenced well in advance, to ensure that the elections of the concerned local body are notified in time, so that the elected body will be able to take over the reigns of its administration without any disruption and continuity of governance (thereby upholding the tenet of Government of the people, by the people and for the people).
In other words, the amendment effected to the stated enactments cannot be reckoned as a legitimate ground for protracting the issue of election programme of the concerned local bodies.
Therefore, we direct the State Election Commission by way of interim order, to issue election programme without any further delay on the basis of wards as per the delimitation done in the concerned local bodies when the elections had become due consequent to expiry of five years term of the outgoing elected body or before coming into force of the impugned Amendment Act(s) whichever is later.
On that notional basis, the State Election Commission ought to proceed without any exception in respect of concerned local bodies where elections are due or likely to be due in the near future without waiting even for the compliance of triple test by the State Government for providing reservation to Other Backward Classes.
“We have no manner of doubt that only such direction would meet the ends of justice and larger public interests consistent with the constitutional mandate that the local self-government must be governed by the duly elected representatives uninterrupted, except in case of its dissolution before expiry of the term on permissible grounds,” the Supreme Court observed.
State Election Commissioner Anil Khachi, Chief Secretary in HP government, was unlikely to bypass the Apex Court judgement and expected to abide by it, irrespective of political compulsion.
The legal luminaries said that given the latest ruling, the Shimla Municipal Corporation election would not be deferred beyond the expiry date of present elected city government. Now, it is very likely that SEC would issue notification of Shimla MC Election in 34 MC wards as delimitation process could not completed so far, despite States Assembly passing Amendment in Himachal Pradesh Municipal Corporation Act to allow the government to increase the number of wards to 41. (UNI)