Madhya Pradesh High Court
Smt. Mohini Thakre vs The State Of Madhya Pradesh on 7 July, 2017
WP-6861-2017
(SMT. MOHINI THAKRE Vs THE STATE OF MADHYA PRADESH)
07-07-2017
Shri Mohan Sausarkar, counsel for the petitioner.
Shri Deepak Awasthi, Government Advocate for the
respondent/State.
The grievance of the petitioner in the present Public Interest Litigation is that elections to Municipal Council Saunsar, District - Chhindwara (M.P.) is going to be held without delimitation of wards.
At the time of hearing it is pointed out that two Gram Panchayats Jaam and Kadhaiya has been included within the Municipal limits of Municipal Council but without assigning any ward to them, the election is going to be held. It is pointed out that 11th January, 2017, the M.P. Municipal Corporation Act, 1956 and M.P. Municipal Act, 1961 were amended, so as to conduct the elections on the basis of prevailing delimitation, if the process of inclusion or exclusion is not completed within six months in terms of the proviso provided under Section 29 of the M.P. Municipality Act, 1961. The amended provision reads as under:
In Section 29 of the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961), in sub Section (4), for full stop, the colon shall be substituted and thereafter the following proviso shall be inserted, namely:-
Provided that the process of inclusion or exclusion of area or reformation of wards inevitably be completed before six months of completion of tenure of any Municipal Council, otherwise the State Election Commission shall start electoral process on the basis of preset and prevailing delimitation;
Provided further that inclusion or exclusion of such area or reformation of wards shall apply for upcoming election process."
We find that the M.P. Municipal Act 1961 as amended has taken into consideration that the fact that inclusion or exclusion of the area within the municipality should not result into delay of the election process as the delimitation of the ward is expected to be completed before six months of completion of the tenure of any Municipal Council. If certain areas have been included in the Municipality within 6 months of the completion of the tenure, if necessary imply that the election can be held on the basis of the existing delimitation. Since, two Gram Panchayat have been now included of the Municipality now, the election is required to be carried out on the basis of existing delimitation of wards. Though, the voters of the said two Gram Panchayat can be assigned to one or other wards.
In fact that is the stand of the State in the reply is that the updation of the voter list is under progress. In view of the above, we do not find any merit and substance in the writ petition, the same is accordingly dismissed.
(HEMANT GUPTA) (VIJAY KUMAR SHUKLA) CHIEF JUSTICE JUDGE Amitabh