PAWAN SHARMA Vs. STATE OF MEGHALAYA AND OTHERS

JUDGEMENT

(1.) This petition has been filed as a Public Interest Litigation with the submissions that the Municipal Elections were not being held in the State of Meghalaya inspite of the order of the Hon'ble Supreme Court in Civil Appeal No.41 of 1999, passed way back on 10.12.1999, whereby such elections were required to be held within six months of the order.

(2.) In response to this petition, an affidavit-in-opposition has been filed on behalf of the State Government stating, inter alia, that after order of the Supreme Court, the Government did make attempts to hold the Municipal Elections and in fact, the date of polling was fixed on 25.11.2000 but only one nomination was filed, that too was subsequently withdrawn; and hence, the elections could not be held. It is also stated that such want of participation in the elections had its basis in the resistance by the traditional tribal institutions and social organisations; and that in order to bring greater accord in the society, the Government constituted two Working Group Committees in the years 2006 and 2008. A report of one such working group has also been placed for perusal before us.

(3.) It has, however, been submitted that in view of the mandate of Article 243-ZC of the Constitution of India, Municipal Elections cannot be held in the tribal areas and efforts are being made to carry out the amendments to the Meghalaya Municipal Act, 1973 ['the Act of 1973'] after the constitutional 74th amendment, so as to bring the Act of 1973 in conformity with the constitutional provisions. It has also been stated that Urban Affairs Department of the Government would take steps for amendment of the Act of 1973 and to notify the areas so that the Municipal Elections could be held as per the law. It is, inter alia, stated in the affidavit-in-opposition that,-