ANUGRAH NARAIN SINGH AND ANR. ETC. versus STATE OF UTTAR PRADESH AND ORS.

Citation: [1996] SUPP. 5 S.C.R. 719 · Decided: 10-09-1996 · Supreme Court of India · Bench: B.P. JEEVAN REDDY, S.C. SEN · Disposal: Case Partly allowed

Judgment (excerpt)

ANUGRAH NARAIN SINGH AND ANR. ETC. 
A 
v. 
STATE OF UTTAR PRADESH AND ORS. 
SEPTEMBER 10, 1996 
[B.P. JEEVAN REDDY AND SUHAS C. SEN, JJ.) 
B 
Election Laws : 
Municipal elections-Publication of notification-Intervention by the 
High Court-Election process stopped-Article 243-ZG of the Constitution of C 
India-Scope and applicability-Delimitation of Wards-Held, in tenns of 
Article 243-ZG of the Constitution there is complete and absolute bar in 
conside1ing and matter relating to Municipal Election on any ground what-
soever after the publication of the notification for holding Municipal Elec-
tion-Uttar Pradesh Mun_icipal Corporations Adhiniyam 1959-Section D 
32-Constitution of India Art. 243-ZG. 
The respondent State could not hold any municipal elections in the 
State for almost ten years till 1994. A former member of legislative assemb· 
Iy, the appellant No. 1 herein filed a writ petition in the Allahabad High 
Court seeking a direction to the respondent to hold elections of Municipal E 
Corporation by 31st May, 1994. The Allahabad High Court allowing the 
petition directed the respondent to hold elections by 31st July 1995. The 
High Court also extended the time till 31st November, 1995 on an applica-
tion made by the respondent. On 11th October, 1995, the respondent issued 
the notification on this behalf detailing the dates for filing nominations 
and also for withdrawals and the dates of voting at various areas of the F 
State. The date of withdrawal of nominations was extended by a further 
notification on 31st October, 1995. 
The first notification dated 11th October, 1995 of the respondent was 
challenged in both the Allahabad High Court and the Lucknow Bench of G 
Allahabad High Court on the grounds that there were defects in the 
electoral rolls and delimitation of Constituencies and also arbitrary reser· 
vation of constituencies for women, Scheduled Castes, Scheduled Tribes 
and Backward Classes. 
The Lucknow Bench of Allahabad High Court dismissed the peti- H 
719 
720 
SUPREME COURT REPORTS [1996) SUPP. 5 S.C.R. 
A tions on the ground that in view of the bar imposed by the Article 243-ZG 
of the Constitution, the Writ Jurisdiction of the court could not be invoked 
to stall the election process and held that elections should take place as 
scheduled whereas the Division Bench of Allahabad High Court took a 
contrary view and held that elections should not be held according to the 
B 
c 
schedule regardless of the judgment and order passed by the Lucknow 
Bench of the Allahabail High Court. Hence these appeals. 
Allowing the appeals, this Court, 
HELD: 1.1. The bar imposed by Article 243-ZG is two fold. Validity 
of laws relating to delimitation and allotment of seats made under Article 
243-ZA cannot be questioned in any coui;t. No election to a Municipality 
can be questioned except by an election petition. Moreover, it is well settled 
by now that if the election is imminent or well underway, the court should 
not intervene to sto11 the election process. If this is allowed to be done, no 
election will ever take place because some one or the other will always find 
D some excuse to move the court and stall the elections. Importance of hold-
ing elections at regular intervals for Panchayats, Municipal bodies or 
Legislatures cannot be over-emphasised. If holding of elections is allowed 
to be stalled on the complaint of a few individuals then grave injustice will 
be done to crores of other voters who have a right to elect their repre-
E sentatives to the local bodies. [726-CD; 727-G] 
1.2. On the 11th October, 1995, the notification for holding the 
municipal elections was issued. 16th to 20th October, 1995 was the period 
during which the nomination papers could be filed. 24th October, 1995 was 
the last date for withdrawal of nomination papers. Voting was to take place 
F 
between 17th November to 20th November, 1995. The Writ Petition was 
filed as late as 26th October, 1995 on the allegation that there were defects 
in the electoral rolls, delimitation of Constituencies and reservation of 
seats. A similar writ petition moved before the Lucknow Bench of the 
Allahabad High Court had been dismissed by the Court on 18th October 
1995. Barely one week before the voting was scheduled to commence, the 
G court decided to intervene in the matter regardless of the repeated warn-
ings given by this court in a number of earlier decisions. The court decided 
to intervene in a matter and stop the electi

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