One Member One Ward-Supreme Court Agrees To Hear Finally Challenge To Gujarat Local Body Election Rules Next Week

The bench headed by Justice Ashok Bhushan was hearing the SLP preferred against the July 29, 2015 decision of the Gujarat High Court dismissing the challenge to the vires of section 5(3)(iii)(a) and section 29A of the Gujarat Provincial Municipal Corporation Act, 1949 and sections 2 and 3 of the Gujarat Local Authorities Laws (Amendment) Act, 2009 as it violates 'one member one ward' mandate. Rules 4 and 5 of the Bombay Provincial Municipal Corporation (Delimitation of Wards in the City and Allocation of Reserved Seats) Rules, 1994 including the amendment of 2015 were also challenged. By virtue of the amendment of January 15, 2015, the number of councillors in a particular ward has been increased to 4 under section 5(3)(iii)(a) of the Gujarat Provincial Municipal Corporation Act.

When the matter first came up on the docket on Tuesday, Senior Advocate Maninder Singh, appearing for the State Election Commission, advanced that the matter had come to be listed for finally hearing today, deeming it to be a non-miscellaneous day. At this, the bench proceeded to adjourn the matter by 4 weeks.

Later in the day, Senior Advocates Kapil Sibal and Harin Raval, for the present petitioners, appeared before the bench. "Both Mr Raval and I were connected. We were here. But as soon as the matter came up, both Mr Raval and I got disconnected. It is very surprising that at the same instant when the matter came up, both of us got disconnected at the same time", advanced Mr Sibal.

"Something very unfortunate has happened. The Gujarat elections to the municipal corporations are to be held. We had challenged the constitutionality of the Rules in 2015 and then it was said that the matter needs to be heard immediately. But it has not come to be heard for five years. It was listed before the Chief Justice in November last year and he said that it shall be heard finally on January 12. Today, Your Lordships have adjourned it for four weeks?", he urged.

"We had already directed fresh elections to be held", noted Justice Bhushan.

Mr Rawal pointed the bench to its December 2020 order on an application by the SEC for a stay on the operation of the judgment dated 21.10.2015 of the Gujarat High Court, to the extent that it reads deemed extension of the term of an elected body which was claimed to be contrary to the Constitutional mandate prescribed in Part IX and Part IX-A of the Constitution. "We make it clear that as per the constitutional provision of Article 243E and 243U, the tenure of elected bodies is only for five years from the date appointed for its first meeting and no longer. After expiry of the tenure in the month of December, 2020, it goes without saying that elected bodies shall cease to function and as submitted fresh steps for constituting the fresh elected bodies shall be undertaken within the time stated hereinabove (by the end of February)", a bench led by Justice Bhushan had directed on December 9, 2020.

"The matter has to be heard finally. We have been waiting to be heard for years, for years!", pressed Mr Sibal on Tuesday.

The bench then agreed to take up the matter next week.

Mr Sibal prayed, "Please say that no notification be issued in the meantime. Otherwise, they will argue that the matter has become infructuous"

"No, we will not pass any such order. We will start hearing you next week. If our final judgement is in your favour, everything will be subject to it", assured Justice Bhushan.

Elections to six municipal corporations, including Ahmedabad, 55 municipalities, 31 district panchayats and 231 taluka pachayats were supposed to be held in November, 2019, a month before their five-year terms came to end, but were postponed by three months in view of the Covid-19 pandemic. 

In its December 9 order, the bench noted that as per the constitutional provisions the term of the local bodies - Municipality, Nagar Palika, Panchayat is to continue for five years from the date appointed for its first meeting and no longer. It was submitted by SG Tushar Mehta that the tenure of Municipality Corporation/Municipalities/Panchayats are coming to an end in December, 2020. He submitted that looking to the pandemic Covid-19 the process of completion of election, before the end of tenure, could not be completed and State Election Commission has already taken a decision to postpone the process of preparation of voter list for a period of three months. On the query by the Court at what earliest time election of all the aforesaid bodies can be completed, Mr. Maninder Singh, after instructions, submitted that election of all the local bodies shall be completed by the end of February, 2021.