- (1.) 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.
(2.) 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.
(3.) Civil Misc. No. 1087 has been filed on behalf of the State of Haryana on April 2, 1986 for re-considering the time-limit 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 4-5 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 above-said 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.;