KISHANSING TOMAR Vs. MUNICIPAL CORPORATION OF THE CITY OF AMEDABAD
LAWS(SC)-2006-10-68
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on October 19,2006

KISHANSING TOMAR Appellant
VERSUS
MUNICIPAL CORPORATION OF THE CITY OF AMEDABAD Respondents





Cited Judgements :-

SATISH KUMAR SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-12-3] [REFERRED TO]
NAEEM AHMAD VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-8-196] [REFERRED TO]
AASHISH SAINI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-232] [REFERRED TO]
STATE OF GOA AND ORS. VS. FOUZIYA IMTIAZ SHAIKH AND ORS. [LAWS(SC)-2021-3-91] [REFERRED TO]
SURESH MAHAJAN VS. STATE OF MADHYA PRADESH [LAWS(SC)-2022-5-36] [REFERRED TO]
STATE ELECTION COMMISSION VS. STATE OF ORISSA [LAWS(ORI)-2008-9-48] [REFERRED TO]
DHRUBA CHARAN JENA VS. STATE OF ORISSA [LAWS(ORI)-2012-9-45] [REFERRED TO]
SANDEEP VAZARKAR VS. STATE OF GOA [LAWS(BOM)-2022-6-123] [REFERRED TO]
SARVESH GANGARAM NAIK VS. STATE OF GOA [LAWS(BOM)-2022-7-18] [REFERRED TO]
SHARAD SHIVAJI JAMDAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-7-272] [REFERRED TO]
SHABA VS. DISTT & SESS JUDGE BARABANKI [LAWS(ALL)-2019-5-287] [REFERRED TO]
DATTATRAY YEDU THOMBRE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-10-172] [REFERRED TO]
KENNETH IAN STEWART SILVEIRA VS. STATE OF GOA [LAWS(BOM)-2020-3-489] [REFERRED TO]
SUJEET KUMAR SINGH VS. STATE OF U.P [LAWS(ALL)-2013-3-33] [REFERRED TO]
KANCHAN GUPTA ARANGA VS. STATE OF UP [LAWS(ALL)-2010-4-144] [REFERRED TO]
AJEET JAISWAL VS. STATE OF U P [LAWS(ALL)-2011-10-3] [REFERRED TO]
JATAN KUMAR THAOSEN VS. STATE OF ASSAM [LAWS(GAU)-2007-4-28] [REFERRED TO]
UTTAR DHEMAJI GAON PANCHAYAT VS. STATE OF ASSAM [LAWS(GAU)-2007-5-51] [REFERRED TO]
ARUN YADAV VS. MP RAJYA NIRVACHAN AYOG [LAWS(MPH)-2015-1-38] [REFERRED TO]
BHARATIYA JANATA PARTY VS. ANDHRA PRADESH STATE ELECTION COMMISSION [LAWS(APH)-2021-5-20] [REFERRED TO]
CHINMAY MOHANTY VS. BAR COUNCIL OF INDIA [LAWS(ORI)-2022-1-13] [REFERRED TO]
BANASKANTHA DISTRICT COOPARATIVE MILK PRODUCERS UNION LIMITED VS. STATE OF GUJARAT & OTHERS [LAWS(GJH)-2015-11-112] [REFERRED]
P UMESH VS. STATE OF KARNATAKA [LAWS(KAR)-2018-8-86] [REFERRED TO]
SADASIVAN PILLAI P.R. AND ANR. VS. STATE OF KERALA AND ANR. [LAWS(KER)-2010-8-407] [REFERRED TO]
LUNTHANG HAOKIP VS. STATE OF MANIPUR [LAWS(MANIP)-2021-3-6] [REFERRED TO]
GURUNATH REDDY VS. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION [LAWS(KAR)-2020-10-281] [REFERRED TO]
LAXMAN LAKAPPA NINGANNAVAR VS. STATE OF KARNATAKA [LAWS(KAR)-2021-6-38] [REFERRED TO]
ROHAN SHIRODKAR VS. STATE OF GOA & ORS. [LAWS(BOM)-2017-5-51] [REFERRED TO]
KARMAVEER TULSHIRAM AUTADE VS. STATE ELECTION COMMISSION [LAWS(BOM)-2021-1-9] [REFERRED TO]
MOAZAM KHAN VS. GOVERNMENT OF A P [LAWS(APH)-2007-1-57] [REFERRED TO]
THE STATE ELECTION COMMISSION VS. THE STATE OF ANDHRA PRADESH AND ORS. [LAWS(APH)-2021-1-2] [REFERRED TO]
TAJDAR BABAR AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-8-9] [REFERRED TO]
C PRAKASH VS. STATE OF KARNATAKA [LAWS(KAR)-2015-6-495] [REFERRED]
COURT ON ITS OWN MOTION VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2014-12-530] [REFERRED TO]
SUBASH CHANDRA BISWAL VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2018-4-57] [REFERRED TO]
THE CHIEF SECRETARY, STATE OF KARNATAKA AND ORS. VS. C.K. RAMA MURTHY AND ORS. [LAWS(KAR)-2015-4-107] [REFERRED TO]
BELTHANGADI TALUK RUBBER BELEGAR MARAT & SAMSKARN SAHAKAR SANGAT NIYAMIT UJRE AND ORS. VS. STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2015-3-134] [REFERRED TO]
THE GRAMPANCHAYAT KHARGHAR VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2016-10-81] [REFERRED TO]
SANJANA GAHLOT & ANR. VS. THE STATE ELECTION COMMISSION & ORS [LAWS(DLH)-2016-1-140] [REFERRED TO]
N.RAMESH KUMAR VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-5-16] [REFERRED TO]
ROSEMARY DZUVICHU VS. STATE OF NAGALAND [LAWS(GAU)-2011-10-20] [REFERRED TO]
STATE OF NAGALAND VS. ROSEMARY DZUVICHU [LAWS(GAU)-2012-7-47] [REFERRED TO]
BIMALENDU ROY AND ORS. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2009-5-71] [REFERRED TO]
SANJAY DAS VS. STATE OF BIHAR WITH [LAWS(PAT)-2009-9-51] [REFERRED TO]
JOSEPH SIQUEIRA VS. STATE OF GOA [LAWS(BOM)-2007-3-23] [REFERRED TO]
JOSEPH SIQUEIRA VS. STATE OF GOA [LAWS(BOM)-2007-7-212] [REFERRED TO]
BIBHUTI B. PATTNAIK VS. STATE ANDORS. [LAWS(ORI)-2013-8-70] [REFERRED TO]
UNION TERRITORY OF LADAKH VS. JAMMU AND KASHMIR NATIONAL CONFERENCE [LAWS(SC)-2023-9-23] [REFERRED TO]
GUJARAT PRADESH PANCHAYAT PARISHAD VS. STATE OF GUJARAT [LAWS(SC)-2007-7-86] [REFERRED TO]
SURYA PHUKAN VS. STATE OF ASSAM [LAWS(GAU)-2020-7-14] [REFERRED TO]
RATIA BORDOLOI VS. STATE OF ASSAM [LAWS(GAU)-2020-11-19] [REFERRED TO]
BUTA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2013-7-266] [REFERRED TO]
State Election Commission VS. State of Jharkhand [LAWS(JHAR)-2008-2-80] [REFERRED TO]
BASHIR ADAMJI ADAT VS. STATE OF GUJARAT [LAWS(GJH)-2007-6-4] [REFERRED TO]
AUTHONY SOREN VS. STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2010-11-57] [REFERRED TO]
WEST BENGAL STATE ELECTION COMMISSION VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-5-9] [REFERRED TO]
JOSEPH SIQUEIRA VS. STATE OF GOA, THROUGH THE CHIEF SECRETARY SECRETARIAT PORVORIM BARDEZ GOA [LAWS(BOM)-2007-2-138] [REFERRED TO]
KRISHNA GOPAL VARSHNEY VS. STATE OF UP [LAWS(ALL)-2012-6-7] [REFERRED TO]
VIRENDRASINH MAFAJI VAGHELA AND ORS. VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2015-10-63] [REFERRED TO]
AIVEZ KUMAR DEWANGAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2010-8-31] [REFERRED TO]
MOAZAM KHAN VS. GOVERNMENT OF A P [LAWS(APH)-2008-1-32] [REFERRED TO]
M BASKARAN VS. ELECTION COMMISSIONER OF INDIA, NIRVACHAN SADAN [LAWS(MAD)-2018-6-230] [REFERRED TO]
SUDHEESH SOMAN VS. THE KERALA STATE ELECTION COMMISSION AND KERALA STATE POLLUTION CONTROL BOARD [LAWS(KER)-2010-10-590] [REFERRED TO]
Dalitha Hindulida Alpasankyatha Samithi (Womens' Wing) Represented By Its President Parvathi VS. State of Karnataka Represented By Its Chief Secretary, The Principal Secretary Department of Urban Development, The Principal Secretary Municipal Ad [LAWS(KAR)-2013-2-289] [REFERRED TO]
SUKATI VS. STATE ELECTION COMMISSION (PANCHAYAT) [LAWS(PAT)-2017-8-58] [REFERRED TO]
MADHAVAN KUTTY VS. STATE OF KERALA [LAWS(KER)-2023-12-158] [REFERRED TO]
P R RAMESH VS. STATE OF KARNATAKA [LAWS(KAR)-2008-7-38] [REFERRED TO]
RAHUL RAMESH WAGH VS. STATE OF MAHARASHTRA [LAWS(SC)-2022-5-196] [REFERRED TO]
OCL INDIA LTD VS. STATE OF ORISSA [LAWS(SC)-2022-11-11] [REFERRED TO]
JOHN VS. STATE OF KERALA [LAWS(KER)-2024-1-110] [REFERRED TO]
AMRI KARBI DEVELOPMENTAL SOCIETY VS. STATE OF ASSAM [LAWS(GAU)-2020-12-17] [REFERRED TO]
Debashish Roy VS. State of Jharkhand [LAWS(JHAR)-2010-11-26] [REFERRED TO]
RAJPREET SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2010-7-87] [REFERRED TO]
C.NARENDRA BABU VS. STATE OF KARNATAKA [LAWS(KAR)-2020-6-457] [REFERRED TO]
C.K. RAMA MURTHY AND ORS. VS. STATE ELECTION COMMISSION AND ORS. [LAWS(KAR)-2015-3-228] [REFERRED TO]
JANASENA PARTY VS. STATE ELECTION COMMISSIONER [LAWS(APH)-2021-5-21] [REFERRED TO]
STATE ELECTION COMMISSION VS. VARLA RAMAYYA [LAWS(APH)-2021-4-18] [REFERRED TO]
S.K. PUSHPALATHA W/O K.PRAKASH SRIDHAR, R/O D.NO.14 VS. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, SAIFABAD, HYDERABAD AND OTHERS [LAWS(APH)-2016-12-27] [REFERRED TO]
SWARAJ INDIA VS. STATE ELECTION COMMISSION AND ANR. [LAWS(DLH)-2017-3-92] [REFERRED TO]
TAMIL NADU STATE ELECTION COMMISSION VS. DRAVIDA MUNNETRA KAZHAGAM [LAWS(MAD)-2017-9-45] [REFERRED TO]
RAJESH KUMAR SHARMA VS. STATE OF PUNJAB [LAWS(P&H)-2023-10-38] [REFERRED TO]
DRAVIDA MUNNETRA KAZHAGAM VS. THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT [LAWS(MAD)-2016-10-36] [REFERRED TO]
PANKAJSINH WAGHELA VS. STATE ELECTION COMMISSION [LAWS(GJH)-2010-8-4] [REFERRED TO]
Venkatesha S/o siddalingappa and others VS. The State of Karnataka, represented by Secretary To Government, Department of Parliamentary Affairs and Legislation, State of Karnataka, represented by its Secretary Rural Development and Panchayat Raj [LAWS(KAR)-2010-11-87] [REFERRED TO]
STATE OF KERALA VS. NOUFAL BABU E.K [LAWS(KER)-2020-12-368] [REFERRED TO]
P.C. GEORGE MLA VS. STATE OF KERALA [LAWS(KER)-2020-11-8] [REFERRED TO]
PUNJAB PRADESH CONGRESS COMMITTEE VS. STATE OF PUNJAB [LAWS(P&H)-2013-6-19] [REFERRED TO]
PRATAP BANERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-12-30] [REFERRED TO]
PRASANT BANSILAL BAMB VS. NANAD LAL [LAWS(BOM)-2008-1-61] [REFERRED TO]
RAJENDRA KUMAR RAWAT AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-2-13] [REFERRED TO]
VIPUL JAIN VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-10-6] [REFERRED TO]
SHARAD KUMAR SINGH VS. STATE OF WEST BENGAL [LAWS(CAL)-2020-8-18] [REFERRED TO]
Pushpa Singh VS. State of Jharkhand [LAWS(JHAR)-2010-11-25] [REFERRED TO]
H.R. SHARMA (DR.) VS. COMMISSIONER/SECRETARY HOUSING & URBAN DEVELOPMENT & ORS. [LAWS(J&K)-2016-4-58] [REFERRED TO]
SOMJIT RAY VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-7-6] [REFERRED TO]
ANJU DEVI VS. STATE OF BIHAR [LAWS(PAT)-2022-1-90] [REFERRED TO]
CAMPAIGN FOR PEOPLE PARTICIPATION VS. UNION OF INDIA [LAWS(DLH)-2011-9-208] [REFERRED TO]
JAYDEEP VILAS TAWARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-3-78] [REFERRED TO]
SHIVA MADHU VS. STATE OF KARNATAKA [LAWS(KAR)-2018-8-82] [REFERRED TO]
STATE OF KARNATAKA VS. RAVINDRA NAYAK [LAWS(KAR)-2019-5-48] [REFERRED TO]
VARLA RAMAIAH VS. STATE ELECTION COMMISSION [LAWS(APH)-2021-4-21] [REFERRED TO]
LAKSHMIDEVI VS. STATE OF KARNATAKA [LAWS(KAR)-2023-12-17] [REFERRED TO]
K B NAGUR M D VS. UNION OF INDIA [LAWS(SC)-2012-2-44] [REFERRED TO]
MAHABEER CHAUHAN AND ANOTHER VS. UNION OF INDIA AND OTHERS [LAWS(UTN)-2013-3-174] [REFERRED]
STATE OF GOA VS. SANDEEP VAZARKAR [LAWS(BOM)-2022-6-143] [REFERRED TO]
BALDEV RAJ VS. STATE OF PUNJAB [LAWS(P&H)-2008-7-92] [REFERRED TO]
PRANOY ROY VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-4-36] [REFERRED TO]
GANESH PRAKASH WANKAR VS. DIVISIONAL COMMISSIONER, PUNE DIVISION, PUNE & ORS [LAWS(BOM)-2018-4-113] [REFERRED TO]
ROHIT MANOHAR JOSHI AND OTHERS VS. TREE AUTHORITY, THANE AND OTHERS [LAWS(BOM)-2018-4-206] [REFERRED TO]
PUB MANGALDAI ANCHALIK PANCHAYAT VS. STATE OF ASSAM [LAWS(GAU)-2018-5-151] [REFERRED TO]
P R RAMESH VS. STATE OF KARNATAKA [LAWS(KAR)-2011-3-46] [REFERRED TO]
ANAND VS. STATE OF KARNATAKA [LAWS(KAR)-2020-12-120] [REFERRED TO]


JUDGEMENT

K. G. Balakrishnan, J. - (1.)This appeal is directed against the judgment of the Division Bench of the High Court of Gujarat. The appellant filed a Special Civil Application No. 9847 of 2005 praying for a writ of mandamus or any other appropriate writ or direction to the respondents in the writ petition, namely, the Municipal Corporation of the City of Ahmedabad, the State of Gujarat and the Gujarat State Election Commission, to take all steps necessary for the purpose of holding elections for constituting the Municipal Corporation of the city of Ahmedabad before the expiry of the duration of the Municipal Corporation constituted pursuant to the elections held in October, 2000. The appellant, who was the writ petitioner before the High Court, was the Chairman of the Standing Committee of the Ahmedabad Municipal Corporation (hereinafter referred to as "AMC"). The elected body of the AMC was constituted for the relevant period pursuant to an election held in October, 2000 and its term was due to expire on October 15, 2005. The appellant apprehended that the authorities may delay the process of election to constitute the new Municipal body and therefore filed the aforesaid writ petition on 23rd August, 2005. The AMC filed an affidavit before the High Court stating that it was the responsibility of the third respondent, namely, the State Election Commission, to conduct the elections in time. The State Election Commission, in a separate affidavit in reply, submitted that under the provisions of the Bombay Provincial Municipal Corporations Act, 1949, the State Govt. had issued a Notification on 8th June, 2005 determining the wards for the city of Ahmedabad by which the total number of wards had been increased from 43 to 45 and in view of the increase in the number of wards, the Commission was required to proceed with the exercise of delimitation of the wards of the city of Ahmedabad in accordance with the provisions of the Bombay Provincial Municipal Corporation (Delimitation of Wards in the City and Allocation of Reserved Seats) Rules, 1994 and that the Commission had issued a circular requiring the Collectors and the Designated Officers to furnish the details and to make proposals for delimitation of the wards. The Commission contended that it would take two months time to complete the process of delimitation as the preparation of voters list in each ward had to be revised in accordance with the Bombay Provincial Municipal Corporation (Registration of Voters) Rules, 1994. It was alleged by the Commission that it was required to consult the political parties to carry out the delimitation of the wards and that it would take at least six months time for completing the process of election and the Commission could act only after the State Govt. issued the notification. The State Govt. produced a chart showing the detailed steps taken by the State Govt. at various stages culminating in the issue of Notification dated 8th June, 2005.
(2.)The appellant contended before the Single Judge that in view of Article 243 U of the Constitution, the authorities were bound to complete the process at the earliest and the elections should have been held before the expiry of the term of the existing Municipal Corporation. The learned Single Judge accepted the timeframe suggested by the State Election Commission and directed that it should be strictly followed and the process of elections must be completed by 31st December, 2005, and that no further extension for holding the elections would be permissible.
(3.)Aggrieved by the decision of the Single Judge, the appellant filed a Letters Patent Appeal before the High Court and the Division Bench of the High Court by the impugned judgment held that the timeframe given by the State Election Commission was perfectly justified and the Election Commission was directed to begin and complete process as per the dates given in its affidavit and the L.P.A. was dismissed. Aggrieved thereby, the present appeal is preferred before us by the appellant.


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