High Court Directs Punjab Election Commission, State To Initiate Process Of Conducting Municipal Elections In 15 Days Without Delimitation Exercise

The Punjab & Haryana High Court has issued a writ of mandamus to the Punjab's State Election Commission and Punjab Government to initiate the process of holding elections by notifying election programmes in all the Municipalities and Municipal Corporations within 15 days from the  without conducting the fresh exercise of delimitation

Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "this Court has no hesitation in issuing a writ of mandamus directing the State Election Commission, Punjab, and the State of Punjab to forthwith comply with the constitutional mandate and initiate the process of holding elections by notifying election programmes in all the Municipalities and Municipal Corporations in question within 15 days from the date of this order without conducting the fresh exercise of delimitation."

The division bench said further  that the constitutional mandate requires that elections to constitute a Municipality shall be held before the expiration of a period of six months from the date of its dissolution as per Article 243U (3)(b).

"According to this mandate, elections to the Municipalities must be completed before the end of their five-year term. Article 243U(3)(b) provides the maximum time limit for holding elections, stipulating that elections must take place within six months from the date of dissolution of the Municipality

The Court was hearing two PILs wherein it was highlighted that in over 42 Municipalities, Municipal Councils and Nagar Panchayats tenure had expired after 5 years and election is pending from year ranging from 2020 to 2023.

Advocate General for Punjab, submitted that the department is required to constitute Delimitation Boards for each Municipality for conducting door to door survey, preparation of rough maps and delimitation thereon.

It was further stated that the Delimitation Boards for 44 out of 47 Municipalities have been constituted and the process of constitution of three Municipalities, namely, Municipal Corporation, Jalandhar, Municipal Council, Talwara and Nagar Panchayat Bhadso will be issued very soon.

 After hearing the submissions, the Court noted that, "Article 243E and Article 243U of the Constitution of India respectively provide for duration of Panchayats etc. and Municipalities."

"It is evident that the mandate of Articles 243E and 243U is crystal clear, as delineated by the Constitution Bench in Kishan Singh Tomar vs. Municipal corporation of City of Ahmedabad and others, (2006) 8 SCC 352," said the Court.

The division bench added further that, It has been specifically held by the Apex Court in Kishan Singh case that that the process of delimitation cannot be made the ground to withhold the election process.

In Suresh Mahajan vs. State of Madhya Pradesh and another, (2022) 12 SCC 770, the Supreme Court issued directions not only to Madhya Pradesh State Election Commission or State of Madhya Pradesh but to all the States/Union Territories to abide by the constitutional mandate enshrined in Articles 243E and 243U, highlighted the Court.

Consequently, the Court issued the writ of Mandamus to the Punjab's State Election Commission and Punjab Government to forthwith comply with the constitutional mandate.

The pleas were accordingly disposed of.

Title: Beant Kumar alias Beant Kinger v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 304

Mr. Bhisham Kinger, Advocate for the petitioner (in CWP-PIL-142 of 2024)

Ms. Sunaina, Advocate for Mr. H.C.Arora, Advocate, for the petitioners (in CWP-PIL-1-2024)

Mr. Gurminder Singh, Advocate General, Punjab with Mr. Saurav Khurana, Addl.A.G, Punjab.

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