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Judgment
D.S. Tewatia and D.V. Sehgal, JJ.
The Division Bench vide its judgment dated 6.11.1985, in Civil Writ No. 2891 of 1985, after taking into consideration the undertaking given by the respondents in their affidavit dated 4.11.1985 to the effect that the State Government would complete the election of the Municipal Committees in the State of Haryana by the end of March 1986, directed the respondents by giving one month more to hold and complete the election of the Municipal Committees of the State of Haryana positively before the end of April 1986.
This judgment was challenged in the Supreme Court and the Special Leave Petition filed on behalf of the State Government has been dismissed by the Supreme Court on March 14, 1986.
Civil Misc. No. 1087 has been filed on behalf of the State of Haryana on April 2, 1986 for reconsidering the timelimit for holding the election as indicated in the aforesaid order of Division Bench. In this application it is mentioned that the work of delimitation of wards and preparation of electoral rolls in respect of 74 Municipal Committees was completed by the end of February 1986; that out of these 74 Municipal Committees, two Municipal Committees, namely Dabwali and Kalanwali were such regarding which the boundaries were going to be extended in public interest in a few months and after that the whole work of delimitation as also electoral rolls and formalities shall be complied with. However, the delimitation as well as preparation of electoral rolls in respect of 7 Municipal Committees viz. Gurgaon, Thanesar, Rania Sadhaura, Haily Mandi, Pataudi and Jagadhri could not be undertaken.
Regarding Gurgaon and Thanesar Municipal Committees, it is mentioned in the said application that the proposals regarding extension of limits for those Municipal Committees were finalised in February and April, 1985 respectively, whereas some writ petitions were filed in the Punjab and Haryana High Court against its extension of limits. The High Court had given stay in both the cases, and it was likely that decision in the said writ petitions might take ample time and thus it would not be possible to hold elections to these Committees till the judgment of the High Court or completion of the work of delimitation of wards and preparation of electoral rolls.
Regarding Rania Sadhaura, Haily Mandi and Pataudi Municipal Committees, it is mentioned in the said application that the proposals regarding extension of limits and amalgamation etc. in respect of these Municipal Committees were at different stages of finalisation and it was felt that the proposals might be finalised in the next 45 months. After the limits were extended, the essential process of delimitation of wards as per census 1981 as well as preparation of electoral rolls would have to be undergone which would consume another period of about six months and, therefore, it would not be possible to hold elections to these 4 Municipal Committees as well till that time.
Regarding Municipal Committee Jagadhri, it is mentioned in the said application that
"The work of delimitation of wards in respect of this Municipal Committee is under process and its completion is likely to take about 2 months. After the work of delimitation is completed, another period of 3 months will be required for the preparation of electoral rolls."
In view of the above, it was further mentioned in the abovesaid application, it would not be possible to hold elections to these 7 Municipal Committees even in the next one year. And further, the electoral rolls in respect of 61 Municipal Committees listed in Annexure P.2 had been prepared on the basis of qualifying date as 1st January 1986 and that only in respect of the remaining 13 Municipal Committees the electoral rolls had been completed on the basis of the qualifying date as 1st January 1986; that it was necessary that the electoral rolls in respect of the said 61 Municipal Committees be revised on the basis of qualifying date as 1st January 1985 before holding the elections; and that thus the election to these 72 Committees was likely, in the present circumstances, to be held near about the end of year 1986 or soon thereafter. It is then added that `the law and order situation in the neighbouring State of Punjab is deteriorating day by day and conditions there are most uncertain which has its natural impact on the law and order situation in the State of Haryana also, which may also hamper the process of holding elections to the Municipal Committees to a great extent''. The application is concluded by stating that for the reasons aforementioned it is not possible to hold elections to 72 Municipal Committees, Annexure P.3, in the State at least in the next 8 months and it is needless to state that these cannot be held by the 30th April, 1986 in any circumstances as directed by the Hon''ble High Court, vide its judgment dated 6.11.1985.
The last elections of the Municipal Committees in the State of Haryana were held by the Haryana Government in the year 196869 and holding of elections has been avoided from time to time, as noticed in our judgment dated 6.11.1985. This Court in that judgment fixed the timelimit on the basis of the undertaking given by the State Government. The State Government was entitled to take recourse against the judgment of this Court, but it did so (wherein it was canvassed that the State Government had not given any undertaking of the kind noticed in that judgment) only on 24.2.1986 after waiting for more that three months and 18 days, whereas by that judgment it was required to hold the elections by the end of April 1986. Approaching the Supreme Court after such a long delay itself exposed the bona fides of the State Government, even otherwise that was no reason not to stick to the time schedule and not to continue with the preparation for holding elections till such time the Supreme Court had not stayed the operation of the judgment finally. The Supreme Court granted ad interim stay only for 10 days on 6.3.1986 and on 14.3.1986 the Special Leave Petition was dismissed in limine.
At pages 3 of Annexure `A'' to the above said application, the approximate time required for conducting the Municipal elections is delineated and is as follows:
"APPROXIMATE TIME REQUIRED FOR CONDUCT OF MUNICIPAL ELECTIONS
First Notice regarding Election Programme to be published.
(under rule 19 of Municipal Election) Rules, 1978:
10 days
The Nomination papers shall be presented, rule 19(2)(i) ibid:
6 days
The list of Nomination papers shall be posted on :
1 day
The Nomination papers shall be scrutinised on :
3 days
Applications for revision of orders of the authority scrutinising the Nomination papers may be made to the Deputy Commissioner
rule 19(2)(iv) ibid:
The revision application under clause (4) shall be decided (rule 27.7) ibid :
10 days
A candidate may withdraw his candidature :
1 day
The list of contesting candidates shall be posted on :
1 day
The list of polling stations shall be posted on :
1 day
Gap between election programme and poll rule 19(2)(ix) ibid:
20 days
Total
60 days".
From the above, it is clear that the whole process from issuance of notice to the date of poll would take 60 days. If the State Government had been earnest in complying with the direction of this Court, it would have issued the election programme regarding such Municipal Committee whose delimitations and preparation of electoral rolls had been completed by 1st February 1986 and then it could have applied to this Court for extension of time by a month or so, because even if the election programme was to be issued the very next day of the dismissal of the Special Leave Petition by the Supreme Court, then too elections could not have been completed before 16.5.1986, whereas direction given by this Court was to hold election by the end of April, 1986.
The reason now given for not holding the elections to the Municipal Committees for one year or so is that the electoral rolls of 61 Municipal Committees shall have to be revised on the basis of qualifying date as 1st January 1986 and, secondly, that the law and order situation in the State of Punjab is deteriorating and it has its impact on the State of Haryana also.
Neither of these two reasons are at all germane. It is not the case of the State that under the existing Act or the Rules there is any bar to the holding of election on the basis of the existing electoral rolls prepared with qualifying date as 1st January 1986. On the contrary, proviso to rule 12 of the Haryana Municipal Election Rules, 1978, envisages that if for any reason the electoral rolls are not revised the validity or continued operation of the existing electoral rolls shall not thereby be affected.
As regards the law and order problem in the State of Punjab, the same has nothing to do with the holding of elections to the localbodies in the State of Haryana. The two reasons advanced on behalf of the State Government are lame excuses and only expose the lack of earnestness on their part.
Having regard to the fact that from the date of issue of notice to hold elections till the date of poll it would take 60 days, as mentioned on behalf of the State Government in Annexure `A'' to the abovesaid application, allowing additional period of another 30 days, we direct the State Government and the concerned authorities to hold and complete municipal elections to 74 Municipal Committees by 31st of July, 1986. If by then the elections are not held and completed, it would expose the State Government and the concerned authorities to a charge of wilful and flagrant disregard of the directions of the High Court and insensitivity to the democratic aspirations of the voter citizen in question.
The elections to the remaining Municipal Committees, it is hoped, would be held thereafter as soon as the work of the delimitation and preparation of the electoral rolls is completed within the time, as has been mentioned in the abovesaid application itself.
The applications stands disposed of accordingly.