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(4) 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 (1) had it not been so dissolved."

10.3. Article 243-ZA provides for elections to the Municipalities. As per clause (1) of Article 243-ZA, 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 the State Election Commission referred to in Article 243-K. As per clause (2) of Article 243-ZA, subject to the provisions of the Constitution, the Legislature of a 2025:KER:86401 W.A.Nos.2440, 2465, 2475, 2480, 2501, 2509, 2550, 2566, 2586, 2594, 2599 and 2614 of 2025 State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.

68.4. Under Article 243-ZA(1), the SEC is in overall charge of the superintendence, direction and control of the preparation of electoral rolls, and the conduct of all municipal elections. If there is a constitutional or statutory infraction by any authority including the State Government either before or during the election process, the SEC by virtue of its power under Article 243-ZA(1) can set right such infraction. For this purpose, it can direct the State Government or other authority to follow the Constitution or legislative enactment or direct such authority to correct an order which infracts the constitutional or statutory mandate. For this purpose, it can also approach a writ court to issue necessary directions in this behalf. It is entirely up to the SEC to set the election process in motion or, in cases where a constitutional or statutory provision is not followed or infracted, to postpone the election process until such illegal action is remedied. This the SEC will do taking into account the constitutional mandate of holding elections before the term of a municipality or Municipal Council is over. In extraordinary cases, the SEC may conduct elections after such term is over, only for good reason.
68.6. Article 243-ZA(2) makes it clear that the law made by the legislature of a State, making provision with respect to matters relating to or in connection with elections to municipalities, is subject to the provisions of the Constitution, and in particular Article 243-T, which deals with reservation of seats.
68.7. The bar contained in Article 243-ZG(a) mandates that there be a judicial hands-off of the writ court or any court in questioning the validity of any law relating to delimitation of constituency or allotment of seats to such constituency made or purporting to be made under Article 243-ZA. This is by virtue of the non obstante clause contained in Article 243-ZG.
The Delhi High Court repelled the said contention, holding that the said decision of the Election Commission would not fall within the scope of 'the law' as provided for under Article 243-ZA of the Constitution, and therefore, the bar under Article 243-ZG(a) of the Constitution does not apply.
23.2. In Eldhose K.T. [2020 (6) KLT 356], the learned Single Judge noted that an identical issue arose before the Karnataka High Court also in Ravindra Nayak v. Karnataka State Election Commission [ILR 2019 Kar. 1409], where the challenge was against the notification issued by the Election Commission, allotting the reserved seats to various constituencies. The objection raised as to the maintainability of the writ petitions, placing reliance on Article 243-ZG of the Constitution was repelled by the Karnataka High Court. The learned Single Judge of the Karnataka High Court noted that no challenge has been made to the validity of any law purporting to be made under Article 243-ZA of the Constitution; instead, what was sought is mere enforcement of law as reflected in the 2025:KER:86401 W.A.Nos.2440, 2465, 2475, 2480, 2501, 2509, 2550, 2566, 2586, 2594, 2599 and 2614 of 2025 legislation and guidelines issued by the State, which provide for a reservation matrix and mandate rotation. In Eldhose K.T [2020 (6) KLT 356], the learned Single Judge agreed with the view expressed by the Delhi High Court and Karnataka High Court in the decisions referred to supra.