HC directs Punjab EC, state govt to start process of holding MC polls

Chandigarh, Oct 19 (PTI) The Punjab and Haryana High Court has directed the Punjab Election Commission and the state government to start the process of holding polls in municipalities and municipal corporations within 15 days without conducting a delimitation exercise.

The direction came on two petitions which pointed out that in 42 municipal councils and five municipal corporations -- Amritsar, Phagwara, Patiala, Jalandhar and Ludhiana -- elections were pending.

"This court has no hesitation in issuing a writ of mandamus directing the State Election Commission, Punjab, and the State of Punjab to forthwith comply with the constitutional mandate and initiate the process of holding elections," Chief Justice Sheel Nagu and Justice Anil Kshetarpal said in an order.

The court said election programmes in all the municipalities and municipal corporations in question should be notified within 15 days from the date of the order without conducting the fresh exercise of delimitation During the hearing, Punjab Advocate General Gurminder Singh submitted that the department is required to constitute delimitation boards for each municipality for conducting door-to-door surveys, preparation of rough maps and delimitation thereon.

It was further stated that the delimitation boards for 44 of 47 municipalities have been constituted and the process of constitution of three municipalities -- Municipal Corporation of Jalandhar, Municipal Council of Talwara, and Nagar Panchayat Bhadso -- will be issued very soon.

During the hearing, the AG, Punjab submitted that 16 weeks are required for completing the entire process of delimitation of wards.

The court said, "The constitutional mandate requires that elections to constitute a municipality shall be held before the expiration of a period of six months from the date of its dissolution as per Article 243U (3)(b).

"According to this mandate, elections to the municipalities must be completed before the end of their five-year term. Article 243U(3)(b) provides the maximum time limit for holding elections, stipulating that elections must take place within six months from the date of dissolution of the municipality," it said.

During the previous hearing, the court had given 15 days to decide on holding the elections after the Punjab AG assured it that the state government would take "positive steps" towards holding the local bodies elections. PTI CHS RHL