Local body elections to be held within the time frame: SC

New Delhi, Oct 19 (UNI) The Supreme Court today directed holding of Municipal and Panchayat elections across the country well within the stipulated time frame.

''The state election commissions shall complete these elections before the expiry of the duration of five years' period as stipulated,'' the court said.

The direction was given by a five judge constitution bench headed by Chief Justice Y K Sabharwal while disposing of an appeal challenging postponement of Ahmedabad Municipal Corporation election.

The other judges on the bench were Justices K G Balakrishnan, S H Kapadia, C K Thakker and P K Balasubramanyan.

''It is true that the election commission concerned shall take steps to prepare the 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,'' the court said.

It is true that there may be certain man-made calamities such as riots or breakdown of law and order or natural calamities which could distract the authorities from holding elections to the municipalities and panchayats. And under no circumstances, the state election commission shall be justified in delaying the process of election after consulting the state government and other authorities, the court added.

However, the court said that if the duration of the Municipal and Panchayat election is extended, it should be only under an exceptional circumstance rather than a regular feature.

''Going by the provisions contained in Article 243-U, it is clear that the period of five years to constitute a municipality or a panchayat is mandatory in nature and has to be followed in all respects,'' the court added.

The court further said if a municipality is dissolved for any reason and the remainder of the period for which it would have continued, is less than six months, it shall not be necessary to hold any elections.

The state election commission will be free to approach the high courts and there after the Supreme Court for a writ of mandamus or any other appropriate writ directing the concerned state government to provide all necessary cooperation and assistance to the body to enable it to fulfill its constitutional mandate.

The court noted that as the elections to the Ahmedabad Municipal Corparation has already been held and the new municipal body constituted, no further direction is required in the matter.

UNI AKS SHB HT1430