Holding

Article 243‑U mandates that a municipality’s five‑year term is compulsory and elections must be completed before its expiry, and the State Election Commission must not defer elections except in truly exceptional circumstances.

Summary

The Chairman of the Standing Committee of Ahmedabad Municipal Corporation (AMC) feared a delay in elections to the new municipal body whose term was due to expire on 15 October 2005, and filed a writ petition seeking a mandamus directing the State Election Commission and the State Government to hold elections before the expiry of the five‑year term prescribed by Article 243‑U of the Constitution. The State Election Commission argued that delimitation of newly increased wards and preparation of revised electoral rolls would require about six months, and therefore the elections could not be completed by the constitutional deadline. The High Court accepted the Commission’s timeline and dismissed the petition; the Supreme Court, however, held that Article 243‑U imposes a mandatory five‑year tenure and elections must be completed before its expiry, with only exceptional circumstances justifying any delay. It reiterated that the State Election Commission enjoys powers akin to the Election Commission of India and must receive full cooperation from the State Government. Since the elections were eventually held and a new municipal body constituted, the Supreme Court disposed of the appeal without further order.

Issues considered

The period of five years fixed under Article 243‑U for a municipality is mandatory or directory.
Whether a delay caused by ward delimitation and electoral roll revision can justify non‑compliance with the constitutional deadline.
Whether the State Election Commission has the same powers as the Election Commission of India under Articles 243K, 243ZA and 324.
Whether the State Government must provide assistance to the State Election Commission to ensure timely elections.

Legislation cited

Bombay Provincial Municipal Corporations Act, 1949s. 6, s. 68, s. 6A
Representation of People Act, 1951s. 14, s. 15

Subjects

Article 243-Umunicipal corporation electionsmandatory tenureState Election Commissiondelimitation of wardselectoral rollsmandamusconstitutional mandatemunicipal body

Judgment

A KISHANSING TOMAR

MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD AND
ORS.

OCTOBER 19, 2006
B
[Y.K. SABHARWAL, CJ., K.G. BALAKRISHNAN, S.H. KAPADIA, C.K.
THAKKER AND P.K. BALASUBRAMANYAN, JJ.]

#",,.
Constitution of India, 1950:
c
Article 243-U-Election to Municipal Corporation-Constituting new
elected Municipal body-Held, the period offive years fixed under the Article
to constitute the Municipality is mandatory in nature and has to be followed
in all respects-Any revision of electoral rolls shall be carried out in time
D and if it cannot be so carried out the elections have to be conducted on the
basis of the then existing rolls-Bombay Provincial Municipal Corporation
Act, 1949-ss. 6 and 6-8.

Articles 243-K, 243-ZA(l) and 324-Powers of State Election
Commission-Held, in terms a/Article 243-K and 243-ZA(J), the same powers
E are vested in State Election Commission as in the Election Commission of
India under Article 324-State Government concerned shall have to render
fit!/ assistance and co-operation to the State Election Commission and respect
the latter's assessment of the needs in order to ensure free and fair elections.

The term of the elected body of the respondent-Ahmedabad Municipal
F Corporation (AMC) was due to expire on October 15, 2005. The appellant,
who was the Chairman of the Standing Committee of the AMC, apprehended
that the authoritie~• might delay the process of election to constitute the new
Municipal body and, therefore, filed a writ petition before t'1e High Court on
23.8.2005 for a writ or direction to the respondents to take all steps necessary
for the purpose of holding elections to the Municipal Corporation of the City
G
before expiry of th1~ duration of the existing body as envisaged by Article 243-
U of the Constitution of India. Respondent no. 3, the State Election Commission
in its reply stated that in view of the increase in the number of wards, the
Commission was required to proceed with the exercise of delimitation of the
wards of the city and as the political parties were required to be consulted it
454 .,
H
KISHANS!NG TOMAR "· MUNI. CORPN. OF THE CITY OF AHMEDABAD 45 5

would take at least six months time to complete the process of eledion, and A
that the Commission could act only after the State Government issued the
notification. The Single Judge, accepting the time frame suggested by the
State Election Commission, directed that the process of election must be
completed by 31.12.2005 and no further extension for holding the elections
would be permissible. Appellant's Letters Patent Appeal was dismissed. B
Aggrieved, he filed the present appeal. Meanwhile the elections to the
Municipal Corporation were held and the new Municipal body has been
constituted.

On the question: whether Article 243-U of the Constitution of India, by
which the duration of the Municipality is fixed, is mandatory in nature and C
any violation thereof could be justified in the circumstances stated by the
respondents,

Disposing of the appeal, the Court

HELD: 1.1. The provisions contained in Article 243-U of the Constitution D
make it clear that the period of live years fixed thereunder to constitute the
Municipality is mandatory in nature and has to be followed in all respects.
The constitutional mandate is that election to a Municipality shall be
completed before the expiry of the live years period stipulated in Clause (1) of
Article 243-U and in case of dissolution, the new body shall be constituted
before the expiration of a period of six months and elections have to be E
conducted in such a manner. The duration of the Municipality is fixed as live
years from the date of its first meeting and no longer. It is incumbent upon
the Election Commission and other authorities to carry out the mandate of
the Constitution and to see that a new Municipality is coostituted in time and
elections to the Municipality are conducted before the expiry of its duration. F
Taking into account the factors enumerated in the judgment and applying the
principles of golden rule of interpretation, the object and purpose of Article
243-U is to be carried out. (463-A-B-D; 466-C; 467-H)

Re: Special Reference No. 1 of2002 Gujarat Assembly Elections matter,
120021 s sec 237, referred to. G
1.2. The election has to be held on the basis of the electoral rolls which
are in force on the last date for making nomination. Any revision of electoral
rolls shall be carried out in time and if it cannot be carried out within a
reasonable time, the elections have to be conducted on the basis of the then
existing electoral rolls. The Election Commission shall complete the election H
456 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A before the expiration of the duration of five years period as stipulated in Clause
(3) of Article 243-U and not yield to situations that may be created by vested
interests to postpone elections from being held within the stipulated time.
(465-E-G(
Lakshmi Charan Sen & Ors. v. A.K.M Hassan Uzzaman & Ors., (1985)
B 4 sec 689, relied on.
2.1. In the domain of elections to the Panchayats and the Municipal
bodies under Part IX and Part IX A of the Constitution, for the conduct of the
elections to these bodies the State Election Commission enjoys the same status
as the Election Commission of India. In terms of Article 243K and Article
C 243ZA(l) the same powers are vested in the State Election Commission as
the Election Commission of India under Article 324. The words in the former
provisions are in pari materia with the latter provision. The words,
'superintendence, direction and control' as well as 'conduct of elections' have
been held in the "broadest of terms" by this Court. It is necessary for all the
D State Governments to recognize the significance of the State Election
Commission, which is a constitutional body and they shall abide by the
directions of the Commission in the same manner in which they follow the
directions of the Election Commission of India during the elections for the
Parliament and State Legislatures. [466-E-H)

E Re : Special Reference No. I of 2002 Gujarat Assembly Elections
matter, [2002) 8 SCC 237 and Mohinder Singh Gill and Anr. v. Chief Election
Commissioner, New Delhi, [1978) I SCC 405, relied on.
2.2. Article 243K(3) also recognizes the independent status of the State
Election Commission. It states that upon a request made in that behalf the
F Governor shall make available to the State Election Commission "such staff
as may be necessary for the discharge of the functions conferred on the State
Election Commission by clause (I)". It is accordingly to be noted that in the
matter of the conduct of elections, the concerned Government shall have to
render full assistance and co-operation to the State Election Commission and
respect the latter's assessment of the needs in order to ensure that free and
G fair elections are conducted. [467-D-E)

2.3. Also, for the independent and effective functioning of the State
Election Commission, where it feels that it is not receiving the cooperation of
the concerned State Government in discharging its constitutional obligation
H
KISHANSING TOMAR •·. MUNI. CORPN. OF THE CITY OF AHMEDABAD [BALASUBRAMANYAN, J) 457

of holding the elections to the Panchayats or Municipalities within the time A
mandated in the Constitution, it will be open to the State Election Commission
to approach the High Courts, in the first instance, and thereafter the Supreme
Court for a writ of mandamus or such other appropriate writ directing the
State Government concerned to provide all necessary cooperation and
assistance to the State Election Commission to enable the latter to fulfil the
constitutional mandate. (467-F-G( B
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5756 of2005.

From the final Judgment and Order dated 8.8.2005 of the High Court of
Gujarat at Ahmedabad in L.P.A. No. 83012005 in S.C.A. No. 984712005.
c
Nidhesh Gupta, S.U.K. Sagar, Bina Madhavan and Rahul Pratap, Lawyer's
Knit & Co., for the Appellant.

S. Muralidhar and Rutwik Panda for the Respondent No. 3.

Soli J. Sorabjee, Preetesh Kapur, Hemantika Wahi, Abhishek Mishra and D
Shivangi for the Respondent No. 2.

Sumita Hazarika for the Respondent No. I.

Mis. J.S. Wad & Co. (NIP) for the impleading party.
E
The Judgment of the Court was delivered by

K.G. BALAKRISHNAN, J. This appeal is directed against the judgment
of the Division Bench of the High Court of Gujarat. The appellant filed a
Special Civil Application No. 9847 of 2005 praying for a writ of mandamus or
any other appropriate writ or direction to the respondents in the writ petition, F
namely, the Municipal Corporation of the City of Ahmedabad, the State of
Gujarat and the Gujarat State Election Commission, to take all steps necessary
for the purpose of holding elections for constituting the Municipal Corporation
of the city of Ahmedabad before the expiry of the duration of the Municipal
Corporation constituted pursuant to the elections held in October, 2000. The G
.appellant, who was the writ petitioner before the High Court, was the Chairman
of the Standing Committee of the Ahmedabad Municipal Corporation
(hereinafter referred to as "AMC"). The elected body of the AMC was
constituted for the relevant period pursuant to an election held in October,
2000 and its term was due to expire on October 15, 2005. The appellant
H
458 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A apprehended that the authorities may delay the process of election to
constitute the new Municipal body and therefore filed the aforesaid writ
petition on 23rd August, 2005. The AMC filed an affidavit before the High
Court stating that it was the responsibility of the third respondent, namely,
the .State Election Commission, to conduct the elections in time. The State
B Election Commission, in a separate affidavit in reply, submitted that under the
provisions of the Bombay Provincial Municipal Corporations Act, 1949, the
State Govt. had issued a Notification on 8th June, 2005 determining the wards
for the city of Ahmedabad by which the total number of wards had been
increased from 43 to 45 and in view of the increase in the number of wards,
the Commission was required to proceed with the exercise of delimitation of
C the wards of the city of Ahmedabad in accordance with the provisions of the
Bombay Provincial Municipal Corporation (Delimitation of Wards in the City
& Allocation of Reserved Seats) Rules, 1994 and that the Commission had
issued a circular requiring the Collectors and the Designated Officers to
furnish the details and to make proposals for delimitation of the wards. The
Commission contended that it would take two months' time to complete the
D process of delimitation as the preparation of voters' list in each ward had to
be revised in accordance with the Bombay Provincial Municipal Corporation
(Registration of Voters) Rules, 1994. It was alleged by the Commission that
it was required to consult the political parties to carry out the delimitation of
the wards and that it would take at least six months' time for completing the
E process of election and the Commission could act only after the State Govt.
issued the notification. The State Govt. produced a chart showing the detailed
steps taken by the State Govt. at various stages culminating in the issue of
Notification dated 8th June, 2005.

The appellant contend~.:! before the Single Judge that in view of Article
F 243-U of the Constitution, the authorities were bound to complete the process
at the earliest and the elections should have been held before the expiry of
the term of the existing Municipal Corporation. The learned Single Judge
accepted the timeframe suggested by the State Election Commission and
directed that it should be strictly followed and the process of elections must
G be completed by 31st December, 2005, and that no further extension for
holding the elections would be permissible.

Aggrieved by the decision of the Single Judge, the appellant filed a
Letters Patent Appeal before the High Court and the Division Bench of the
High Court by the impugned judgment held that the timeframe given by the
H State Election Commission was perfectly justified and the Election Commission
KISHANSING TOMAR •·. MUNI CORPN OF THE CITY OF AHMEDABAD [BALASUBRAMANYAN, J) 459

was directed to begin and complete process as per t'1e dates given in its A
affidavit and the LP.A. was dismissed. Aggrieved thereby, the present appeal
is preferred before us by the appellant.

We heard appellant's counsel as also the counsel for the respondents.
The main thrust of the arguments of the appellant's counsel was that in view
of the various provisions contained in Part IX of the Constitution of India, B
it was incumbent on the part of the authorities to complete the process of
election before the expiry of the period of five years from the date appointed
for first meeting of the Municipality. The counsel for the respondents, especially
the counsel for the State Election Commission contended that every effort
was made by the Election Commission to conduct the elections before the C
stipulated time, but due to unavoidable reasons, the elections could not be
held and the preparation of the electoral rolls and the increase in the number
of wards had caused delay in the process of election and under such
circumstances the delay was justified in conducting the elections.

The question that arises for consideration is whether Article 243-U of D
the Constitution, by which the duration of the Municipality is fixed is mandatory
in nature and any violation could be justified in the circumstances stated by
the respondents. Article 243-U of the Constitution reads as follows :

"243-U. Duration of Municipalities, etc. - (I) Every Municipality,
unless sooner dissolved under any law for the time being in force, E
shall continue for five years from the date appointed for its first
meeting and no longer:

Provided that a Municipality shall be given a reasonable opportunity
of being heard before its dissolution.
F
(2) No amendment of any law for the time being in force shall have
the effect of causing dissolution of a Municipality at any level, which
is functioning immediately before such amendment, till the expiration
of its duration specified in clause (I).

(3) An election to constitute a Municipality shall be completed,- G
(a) before the expiry of its duration specified in clause (I);

(b) before the expiration of a period of six months from the date of
dissolution:

Provided that where the remainder of the period for which the dissolved H
460 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A Municipality would have continued is less than six months, it shall
not be necessary to hold any election under this clause for constituting
the Municipality for such period.

(4) A Municipality constituted upon the dissolution of a Municipality
before the expiration of its duration shall continue only for the remainder
B of the period for which the dissolved Municipality would have
continued under clause ( l) had it not been so dissolved."

Article 243-ZA provides that the superintendence, direction and control
of the preparation of electoral rolls for, and the conduct of, all elections to
the Municipalities shall be vested in a State Election Commission referred to
C in Article 243-K.

Article 243-S states that there shall be constituted Wards' Committees
consisting of one or more wards, within the territorial area of a Municipality
having a population of three lakhs or more and that the State Legislature may
D by law make provision with respect to (a) the composition and the territorial
area ofa Wards Committee; and (b) the manner in which the seats in a Wards
Committee shall be filled.

Under Article 243-T, it is provided that the seats shall be reserved for
the Scheduled Castes and the Scheduled Tribes in every Municipality and the
E number of seats so reserved shall bear, as nearly as may be the same proportion
to the total number of seats to be filled by direct election in that Municipality
as the population of the Scheduled Castes in the Municipal area or of the
Scheduled Tribes in the Municipal area bears to the total population of that
area and such seats may be allotted by rotation to different constituencies
in a Municipality. Further clause (2) of Article 243-T says that not less than
F one third of the total number of seats reserved under clause (I) shall be
reserved for women belonging to the Scheduled Castes or, as the case may
be, the Scheduled Tribes. Clause (3) of this Article further provides that not
less than one third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total
G number of seats to be filled by direct election in every Municipality shall be
reserved for women and such seats may be allotted by rotation to different
constituencies in a Municipality. Clause (6) empowers the State Legislature
to make any provision for reservation of seats in any Municipality or offices
of Chairpersons in the Municipalities in favour of backward class of citizens.

H The provisions contained in the Bombay Provincial Municipal
KISHANSING TOMAR ''· MUNL CORPN. OF THE CITY OF AMEDABAD [BALASUBRAMANYAN. J.] 461
- Corporations Act, 1949 also are relevant to be noted herP.. Section 6 of this A
Act deals with the duration of a corporation. It reads as under :

"6. Duration of Corporation :

(1) Every Corporation unless sooner dissolved, shall continue for five
years from the date appointed for its first meeting and no longer. B
(2) A Corporation constituted upon the dissolution before the expiration
of its duration shall continue only for the remainder of the period for
which it would have continued under Sub-Section ( 1) had it not been
so dissolved."

Section 6A reads as under : c
"6A. Terms office of Councillors :

The term of the office of the Councillors shall be co-extensive with the
duration of the corporation."
D
Section 68 is to the following effect :

"Election to Constitute the Corporation :

An election to constitute a corporation shall be completed-

(a) before the expiration of its duration specified in sub-section (1) of E
the section 6.

(b) before the expiration of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved
Corporation would have continued is less than six months, it shall not F
be necessary to hold any election under this section for constituting
the Corporation for such period."

It may be noted that Part IX-A was inserted in the Constitution by
virtue of the Seventy Fourth Amendment Ac~, 1992. The object of introducing
these provisions was that in many States the local bodies were not working G
properly and the timely elections were not being held and the nominated
bodies were continuing for long periods. Elections had been irregular and
many times unnecessarily delayed or postponed and the elected bodies had
been superseded or suspended without adequate justification at the whims
and fancies of the State authorities. These views were expressed by the then
H
462 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A Minister of State for Urban Development while introducing the Constitution
Amendment Bill before the Parliament and thus the new provisions were
added in the Constitution with a view to restore the rightful place in political
governance for local bodies. It was considered necessary to provide a
Constitutional status to such bodies and to ensure regular and fair conduct
of elections. In the statement of objects and reasons in the Constitution
B Amendment Bill relating to urban local bodies, it was stated :

"In many States, local bodies have become weak and ineffective on
account of variety of reasons, including the failure to hold regular
elections, prolonged supersessions and inadequate devolution of
powers and functions. As a result, urban local bodies are not able to
c perfo1m effectively as vibrant democratic units of self-Government.

Having regard to these inadequacies, it is considered necessary that
provisions relating to urban local bodies are incorporated in the
Constitution, particularly for-

D (i) putting on a firmer footing the relationship between the State
Government and the Urban Local Bodies with respect to :

(a) the functions and taxation powers, and

(b) arrangements for revenue sharing.
E
(ii) ensuring regular conduct of elections.

(iii) ensuring timely elections in the case of supersession; and

(iv) providing adequate representation for the weaker sections like
Scheduled Castes, Scheduled Tribes and women.
F
Accordingly, it has been proposed to add a new Part relating to the
Urban Local Bodies in the Constitution to provide for -

(f) fixed tenure of 5 years for the Municipality and re-election within
G a period of six months of its dissolution."

The effect of Article 243-U of the Constitution is to be appreciated in
the above background. Under this Article, the duration of the Municipality
is fixed for a term of five years and it is stated that every Municipality shall
H continue for five years from the date appointed for its first meeting and no
KISHANSING TOMAR ,, MUNI. CORPN OF THE CITY OF AMEOABAD [BALASUBRAMANYAN, J.] 463

longer. Clause (3) of Article 243-U states that election to constitute a A
Municipality shall be completed· (a) before the expiry of its duration specified
in clause (I) or (b) before the expiration of a period of six months from the
date or its dissolution. Therefore, the constitutional mandate is that election
to a Municipality shall be completed before the expiry of the five years' period
stipulated in Clause (I) of Article 243-U and in case of dissolution, the new B
body shall be constituted before the expiration of a period of six months and
elections have to be conducted in such a manner. A Proviso is added to Sub-
clause (3) Article 243-U that in case of dissolution, the remainder of the period
for which the dissolved Municipality would have continued is less than six
months, it shall not be .1ecessary to hold any election under this clause for
constituting the Municipality for such period. It is also specified in Clause C
(4) of Article 243-U that a Municipality constituted upon the dissolution of
a Municipality before the expiration of its duration shall continue only for the
remainder of the period for which the dissolved Municipality would have
continued under Clause (I) had it not been so dissolved.

So, in any case, the duration of the Municipality is fixed as five years D
from the date of its first meeting and no longer. It is incumbent upon the
Election Commission and other authorities to carry out the mandate of the
Constitution and to see that a new Municipality is constituted in time and
elections to the Municipality are conducted before the expiry of its duration
of five years as specified in Clause (I) of Article 243-U.
E
The counsel for the respondents contended that due to multifarious
reasons, the St~.te Election Commission may not be in a position to conduct
the elections in time and under such circumstances th~ provisions of Article
243-U could not be complied with stricto sensu.
F
A similar question came up before the Constitution Bench of this Court
in Special Reference No. I of 2002 with reference to the Gujarat Assembly
Elections matter. The Legislative Assembly of the State of Gujarat was dissolved
before the expiration of its normal duration. Article 174( 1) of the Constitution
provides that six months shall not intervene between the last sitting of the

-
Legislative Assembly in one session and the <late appointed for its first G
sitting in the next session and the Election Commission had also noted that
the mandate of Article 174 would require that the Assembly should meet
every six months even after dissolution of the House and that the Election
Commission had all along been consistent that normally a Legislative Assembly
should meet at least every six months as contemplated by Article 174 even H
464 SUPREME COURT REPORTS (2006] SUPP. 7 S.C.R.

A where it has been dissolved. As the last sitting of the Legislative Assembly
of the State of Gujarat was held on 3.4.2002, the Election Commission, by its
order dated 16.8.2002, had not recommended any date for holding general
election for constituting a new Legislative Assembly for the State of Gujarat
and observed that the Commission will consider framing a suitable schedule
B for the general election to the State Assembly in November-December, 2002
and therefore the mandate of Article 174(1) of the Constitution of India to
constitute a new Legislative Assembly cannot be carried out. The Reference,
thus, came up before this Court.

Speaking for the Bench, Justice Khare, as he then was, in paragraph 79
C of the Answer to the Reference, held :

"However, we are of the view that the employment of the words "on
an expiration" occurring in Sections 14 and 15 of the Representation
of the People Act, 1951 respectively show thatthe Election Commission
is required to take steps for holding election immediately on expiration
D of the term of the Assembly or its dissolution, although no period has
been provided for. Yet, there is another indication in Sections I4 and
15 of the Representation of People Act that the election process can
be set in motion by issuing of notification prior to expiry of six months
of the normal term of the House of the People or Legislative Assembly.
Clause (I) of Article I72 provides that while promulgation of emergency
E is in operation, Parliament by law can extend the duration of the
Legislative Assembly not exceeding one year at a time and this period
shall not, in any case, extend beyond a period of six months after
promulgation has ceased to operate.

F
The aforesaid provisions do indicate that on the premature dissolution
of the Legislative Assembly, the Election Commission is required to
initiate immediate steps for holding election for constituting Legislative
Assembly on the first occasion and in any case within six months
from the date of premature dissolution of the Legislative Assembly."
G
Concurring with the foregoing opinion, Pasayat, J. in paragraph 151,
stated as follows :

"The impossibility of holding the election is not a factor against the
Election Commission. The maxim of law impotentia excusat legem is
H intimately connected with another maxim of law lex no cogit ad
KISHANSING TOMAR •'· MUNI. CORPN. OF THE CITY OF AMEDABAD [BALASUBRAMANYAN, J.] 465

impossibilia. lmpotentia excusat legem is that when there is a A
necessary or invincible disability to perfonn the mandatory part of the
law that impotentia excuses. The law does not compel one to do that
which one cannot possibly perform. "Where the law creates a duty
or charge, and the party is disabled to perform it, without any defau It
in him." Therefore, when it appears that the performance of the B
fonnalities prescribed by a statute has been rendered impossible by
circumstances over which the persons interested had no control, like
an act of God, the circumstances will be taken as a valid excuse.
Where the act of God prevents the compliance with the words of a
statute, the statutory provision is not denuded of its mandatory
character because of supervening impossibility caused by the act of C
God. (See Broom's Legal Maxims, 10th Ed., at pp 1962-63 and
Craies on Statue Law, 6th Edn., p. 268.) These aspects were
highlighted by this Court in Special Reference No. I of 1974. Situations
may be created by interested persons to see that elections do not take
place and the caretaker Government continues in office. This certainly
would be against the scheme of the Constitution and the basic structure D
to that extent shall be corroded."

From the opinion thus expressed by this Court, it is clear that the State
Election Commission shall not put forward any excuse based on unreasonable
grounds that the election could not be completed in time. The Election E
Commission shall try to complete the election before the expiration of the
duration of five years' period as stipulated in Clause (5). Any revision of
electoral rolls shall be carried out in time and if it cannot be carried out within
a reasonable time, the election has to be conducted on the basis of the then
existing electoral rolls. In other words, the Election Commission shall complete
the election before the expiration of the duration of five years' period as F
stipulated in Clause (5) and not yield to situations that may be created by
vested interests to postpone elections from being held within the stipulated
time.

The majority opinion in Lakshmi Charan Sen & Ors. v. A.KM Hassan
Uzzaman & Ors., [ 1985] 4 sec 689 held that the fact that certain claims and G
objections are not finally disposed of while preparing the electoral rolls or
even assuming that they are not filed in accordance with law cannot arrest
the process of election to the Legislature. The election has to be held on the
basis of the electoral rolls which are in force on the last date for making
nomination. It is true that Election Commission shall take steps to prepare the H
466 SUPREME COURT REPORTS [2006] SUPP. 7 S.C.R.

A electoral rolls by following due process of law, but that too, should be done
timely and in no circumstances, it shall be delayed so as to cause gross
violation of the mandatory provisions contained in Article 243-U of the
Constitution.

It is true that there may be certain man-made calamities, such as rioting
B or breakdown of law and order, or natural calamities which could distract the
authorities from holding elections to the Municipality, but they are exceptional
circumstances and under no circumstance the Election Commission would be
justified in delaying the process of election after consulting the State Govt.
and other authorities. But that should be an exceptional circumstance and
C shall not be a regular feature to extend the duration of the Municipality. Going
by the provisions contained in Article 243-U, it is clear that the period of five
years fixed thereunder to constitute the Municipality is mandatory in nature
and has to be followed in all respects. It is only when the Municipality is
dissolved for any other reason and the remainder of the period for which the
dissolv1:d Municipality would have continued is less than six months, it shall
D not be necessary to hold any elections for constituting the Municipality for
such period.

In our opinion, the entire provision in the Constitution was inserted to
see that there should not be any delay in the constitution of the new
Municipality every five years and in order to avoid the mischief of delaying
E the process of election and allowing the nominated bodies to continue, the
provisions have been suitably added to the Constitution. In this direction, it
is necessary for all the State governments to recognize the significance of the
State Election Commission, which is a constitutional body and it shall abide
by the directions of the Commission in the same manner in which it follows
F the directions of the Election Commission of India during the elections for the
Parliament and State Legislatures. In fact, in the domain of elections to the
Panchayats and the Municipal bodies under the Part IX and Part IXA for the
conduct of the elections to these bodies they enjoy the same status as the
Election Commission of India.

G In terms of Article 243 K and Article 243ZA (I) the same powers are
vested in the State Election Commission as the Election Commission of India
under Article 324. The words in the former provisions are in pari materia with '
the latter provision.

The words, 'superintendence, direction and control' as well as 'conduct
H of elections' have been held in the "broadest of terms" by this Court in
KISHANSING TOMAR '" MUNI. CORPN. OF THE CITY OF AMEDABAD [BALASUBRAMANYAN, J.] 467

several decisions including in Re: Special Reference No. I of2002 [2002] 8 A
SCC 237 and Mohinder Singh Gill's case [ 1978] I SCC 405 and the question
is whether this is equally relevant in respect of the powers of the State
Election Commission as well.

From the reading of the said provisions it is clear that the powers of
the State Election Commission in respect of conduct of elections is no less B
than that of the Election Commission of India in their respective domains.
These powers are, of course, subject to the law made by Parliament or by
State Legislatures provided the same do not encroach upon the plenary
powers of the said Election Commissions.

The State Election Commissions are to function independent of the C
concerned State Governments in the matter of their powers of superintendence,
direction and control of all elections and preparation of electoral rolls for, and
the conduct of, all elections to the Panchayats and Municipalities.

Article 243K(3) also recognizes the independent status of the State D
Election Commission. It states that upon a request made in that behalf the
Governor shall make available to the State Election Commission "such staff
as may be necessary for the discharge of the functions conferred on the State
Election Commission by clause (I). It is accordingly to be noted that in the
matter of the conduct of elections, the concerned government shall have to
render full assistance and co-operation to the State Election Commission and E
respect the latter's assessment of the needs in order to ensure that free and
fair elections are conducted.

Also, for the independent and effective functioning of the State Election
Commission, where it feels that it is not receiving the cooperation of the
concerned State Government in discharging its constitutional obligation of F
holding the elections to the Panchayats or Municipalities within the time
mandated in the Constitution, it will be open to the State Election Commission
to approach the High Courts, in the first instance, and thereafter the Supreme
Court for a writ of mandamus or such other appropriate writ directing the
concerned State Government to provide all necessary cooperation and G
as~istance to the State Election Commission to enable the latter to fulfil the
constitutional mandate.

Taking into account these factors and applying the principles of golden
rule of interpretation, the object and purpose of Article 243-U is to be carried
H
468 SUPREME COURT REPORTS (2006] SUPP. 7 S.C.R.

A out.
As the elections to the Ahmedabad Municipal Corporation have already
been held and the new Municipal body constituted, no further direction is
required in the matter. With these observations, we dispose of the appeal with
no order as to costs.
B
RP. Appeal disposed of.