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

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

The provisions of Article 243-U fixing the duration of five years for Municipalities are mandatory, requiring elections to be held before expiry of such term unless dissolved earlier; any delay not attributable to exceptional and uncontrollable circumstances cannot justify violation. State Election Commission is endowed with powers equivalent to the Election Commission of India, and State Government must ensure timely elections and assist the Commission.

Parties
Appellant: Kishansing Tomar; Respondent No. 1: Municipal Corporation of the City of Ahmedabad; Respondent No. 2: State of Gujarat; Respondent No. 3: Gujarat State Election Commission
Jurisdiction
India
Judgment Date
19 October 2006
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeal disposed of
Legal Topics
Duration of Municipalities, Powers of State Election Commission, Mandatory Nature of Article 243 U, Election Timelines, Delimitation of Wards
Constitutional Law Administrative Law Election Law Duration of Municipalities Powers of State Election Commission Mandatory Nature of Article 243 U Election Timelines Delimitation of Wards

Case Brief

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Parties

Kishansing Tomar

Appellant

Municipal Corporation of the City of Ahmedabad

Respondent No. 1

State of Gujarat

Respondent No. 2

Gujarat State Election Commission

Respondent No. 3

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether Article 243-U of the Constitution mandating the five-year duration of Municipalities is mandatory and whether delay in holding elections can be justified
  2. 2 Whether the State Election Commission holds the same powers as the Election Commission of India under Article 324

Ratio Decidendi

The provisions of Article 243-U fixing the duration of five years for Municipalities are mandatory, requiring elections to be held before expiry of such term unless dissolved earlier; any delay not attributable to exceptional and uncontrollable circumstances cannot justify violation. State Election Commission is endowed with powers equivalent to the Election Commission of India, and State Government must ensure timely elections and assist the Commission.

Court Disposition

Appeal disposed of

Orders

  • No further direction required as elections to AMC held and new body constituted.
  • No order as to costs.