The Supreme Court upheld a High Court order mandating Punjab to schedule municipal elections within fifteen days, addressing delays attributed to delimitation issues. The Court emphasized the necessity of these elections for local governance, dismissing the State’s appeal and highlighting the constitutional obligation to conduct timely elections, thereby reinforcing democratic processes in Punjab’s municipalities.
Supreme Court : In a critical ruling, the Supreme Court upheld a Punjab and Haryana High Court order requiring the Punjab government and State Election Commission to announce the schedule for municipal elections within fifteen days. The directive concerns five municipal corporations and 42 municipal councils across the state. The Court emphasized that the pending delimitation process could not serve as a reason for further delays, especially given that no substantial changes in population or municipal boundaries had occurred.
The Supreme Court’s Bench, comprising Justices Surya Kant and Ujjal Bhuyan, also granted an additional two weeks to notify the poll process, instructing the State to complete the entire election process within the following two months.
Justice Kant criticized the State’s decision to appeal the High Court’s decision, remarking, “For panchayat polls you are very keen, but for municipality, you are wanting to delay on some pretext or other.” This pointed observation underscores the Bench’s dissatisfaction with the State’s approach to handling local governance issues.
The High Court’s initial order came in response to petitions highlighting significant delays in holding municipal elections, which are essential for local governance. On October 14, the High Court rejected Punjab’s argument that the pending delimitation was causing the election delays, mandating that the elections proceed without further deferral.
During Monday’s hearing, Punjab’s Advocate General Gurminder Singh, Senior Counsel Abhishek Manu Singhvi, and advocate Karan Sharma represented the State. They maintained that Punjab was not intentionally delaying the elections, despite the challenges associated with the ongoing delimitation process. At the outset, they acknowledged that this issue was “not something over which a legal battle should be fought.” Yet, they argued that the government’s actions were not motivated by any delay tactics.
Despite these claims, the Supreme Court Bench dismissed the appeal, underscoring the importance of adhering to constitutional obligations. The Court emphasized Article 243, which mandates timely elections for local bodies to ensure citizens’ participation in local governance.
Delimitation, the process of redrawing boundaries based on population changes, has been a central issue in Punjab’s municipal elections delay. However, the Supreme Court held that there were no significant demographic or boundary changes to justify deferring the elections. This decision underscores the Court’s priority for functional governance over bureaucratic delays, especially when such processes impact essential democratic functions.
The delay in local elections has had a direct impact on the functioning of municipal bodies and services, with citizens deprived of elected representatives responsible for local issues like water supply, sanitation, and infrastructure.
This ruling sends a clear message regarding the importance of timely local elections in strengthening democracy at the grassroots level. The Court’s decision underscores that administrative processes, such as delimitation, should not impede the democratic rights of citizens. With the Court mandating a strict timeline for election notification and completion, the ruling reinforces its commitment to upholding constitutional provisions for local governance.
Punjab must now act swiftly to implement the Supreme Court’s directive and ensure that municipal elections take place as scheduled. As local governance is essential for addressing everyday concerns of citizens, the successful and timely conduct of these elections will be a vital step in ensuring responsive and representative governance for Punjab’s urban population.
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