KISHANSING TOMAR versus MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD AND ORS.

Citation: [2006] SUPP. 7 S.C.R. 454 · Decided: 19-10-2006 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
c 
D 
E 
F 
G 
H 
KISHANSING TOMAR 
MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD AND 
ORS. 
OCTOBER 19, 2006 
[Y.K. SABHARWAL, CJ., K.G. BALAKRISHNAN, S.H. KAPADIA, C.K. 
THAKKER AND P.K. BALASUBRAMANYAN, JJ.] 
Constitution of India, 1950: 
Article 243-U-Election to Municipal Corporation-Constituting new 
elected Municipal body-Held, the period of five 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 
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 
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 
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 
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 
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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 carrie
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