UP Local Body Polls | Supreme Court Issues Notice On Plea To Allow Mayors To Continue In Office Till Election Of Successors

The Supreme Court on Friday issued notice in a plea filed by the All India Council of Mayors seeking to allow Mayors in Uttar Pradesh local bodies to continue in their offices till their successors are elected. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. 

On 4th January 2023, in a petition filed by the State of Uttar Pradesh, the Supreme Court had passed an order staying 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.

The petitioner argued 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."

The All India Council of Mayors had earlier filed an intervention application in the matter raising the same issue. The court issued notice in the SLP today and listed it after three weeks.

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