High court issues order to State Election Commission, Punjab government on Municipal Elections
Kanwar Inder singh/ royalpatiala.in News/ October 19,2024
Chief Justice Sheel Nagu and Justice Anil Kshetarpal of the 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 Municipal Councils and Municipal Corporations within 15 days from the without conducting the fresh exercise of delimitation.
The judges 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 judges further added” All the pending miscellaneous applications, if any, are also disposed of.”
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.
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.
The Judges further added “Accordingly, the election programme of such local bodies must proceed and the State Election Commission is obliged to notify the election programme within two weeks from today in respect of such local bodies including to continue with the process from the stage as on 10.3.2022, on the basis of the delimitation done prior to coming into force of the Amendment Act(s) w.e.f. 11.03.2022. In other words, the delimitation as it existed prior to 11.03.2022 in respect of concerned local bodies be taken as notional delimitation for the conduct of overdue elections and to conduct the same on that basis in respect of each of such local bodies.”
High court issues order to State Election Commission, Punjab government on Municipal Elections . 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).
ELECTIONS DUE IN MCs
