UP Local Body Polls | Supreme Court Allows All India Council Of Mayors To Intervene In Plea Related To OBC Quota

The Supreme Court on Friday (January 27) allowed the All India Council of Mayors to file an intervention application seeking to continue in their offices till their successors are elected, in the matter pertaining to Uttar Pradesh Urban Local Body Polls. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta. 

At the outset, Senior Advocate Shyam Divan, appearing on behalf of the All India Council of Mayors, sought modification in the order of the Supreme Court which had been passed on 4th January 2023 in a petition filed by the State of Uttar Pradesh. Through the order, the Supreme Court had stayed the Allahabad High Court's direction to the Uttar Pradesh State Election Commission to notify the Urban Local Body Polls without OBC reservation. Also, to ensure smooth administration in local bodies whose terms had expired, the Court upheld the arrangement which had been envisaged in direction (D) of the impugned judgment of the High Court, as per which, when the term of Municipal Body came to an end, till the formation of the elected Body, the affairs of such Municipal Body would be conducted by a three-member Committee headed by the District Magistrate.

Senior Advocate Shyam Divan stated that while he had no problem with the staying of the Allahabad High Court direction, he objected to the formation of a three-member committee to handle the affairs of the municipal body. He submitted that as per Section 15(3) of the Uttar Pradesh Municipal Corporation Act, 1959, the mayor was entitled to continue holding office till his successor assumed the office. Thus, even if the term of office of a Mayor was co-terminus with the term of the Municipal Corporation, the Mayor would hold office till his successor assumed his office, which could be at a later point in time. For context, Section 15(3) of the Uttar Pradesh Municipal Corporation Act, 1959 states–

"A mayor or a [Deputy Mayor] shall, unless he resigns or ceases to be qualified or becomes disqualified, continue in office until his successor assumes office as Mayor or [Deputy Mayor] as the case may be."

Senior Advocate Shyam Divan submitted that –

"This is the scheme common to many many statutes including our constitution. There are several constitutional provisions which allow holders of elected office to continue till their successors assume office. Even though the term of the mayor has come to an end with the term of the corporation, he is entitled to continue till his successor assumes office."

He stated–

"The petitioner (All India Council of Mayors) is a body registered in 1962. Mayors are directly elected. 15(3) says the term of mayor shall be coterminous as term of corporation. And that he should continue in office till his successor takes over. This court held that since the tenure of some local bodies has already expired or will expire by 31st Jan 2023, the arrangement by HC may be continued. I have no problem so far as municipalities are considered. But I am concerned with municipal corporations. If you have an elected officer, general law is co terminus. But handing over happens as a later point. This is so as far as UP municipal corporations are considered."

CJI DY Chandrachud remarked–

"This is a part of our order. We cannot modify our order in another SLP. We will have to hear the State of UP...We won't issue notice in this. You file intervention in order of 4th Jan. Let the intervention come."

Case Title: All India Council of Mayors v. State Election Commission of Uttar Pradesh And Ors. Diary No. 1121/2023

 Click here to read/download the order