PERMOD KOHLI,J - (1.) THE petitioners are the former elected members (Councilors) of Municipal Council, Moga having been elected from different wards in the last Election of the Municipal council held on 9.3.2003. Petitioner No. 1 has served as Acting President. The tenure of the Municipal Council is five years in terms of Article 243-U of the Constitution of India read with Section 13 of the Punjab Municipal Act, 1911 (hereinafter referred to as "the Act"). It is common case of the parties that five years' tenure of the Municipal Council, Moga expired on 21.3.2008. The Municipal Council has 31 wards in all. The process for election to constitute a Municipality is required to be completed before the expiry of the duration of five years or in case of dissolution before expiry of period of six months from the date of dissolution both in terms of Article 243-U of the Constitution of India and Section 13 of the Act. Relevant extracts from both these provisions are noticed here under : "Constitution of India Article 243-U : Duration of Municipalities etc. - (1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. XXX XXX XXX (3) An election to constitute a Municipality shall be completed, - (a) before the expiry of its duration specified in Clause (1); (b) before the expiration of a period of six months from the date of its dissolution;" Punjab Municipal Act, 1911 Section 13 : Duration of Municipalities. - (1) Every Municipality save as otherwise provided in this Act, shall continue, for five years from the date appointed for its first meeting and no longer. XXX XXX XXX (3) An election to constitute a Municipality shall be completed, - (a) before the expiry of its duration specified in sub-section (1); (b) before the expiration of a period of six months from the date of its dissolution; " Section 13-A of Act further provides for holding of General Election of the members of the Municipality. The said Section reads as under : "13-A. Power of State Government to direct holding of general election. - (1) Subject to the provisions of this Act and the rules made thereunder, the State Government, may, by notification, direct that a general election of the members of the Municipalities or an election to fill a casual vacancy shall be held by such date as may be specified in the notification and different dates may be specified for elections for different Municipalities or group or groups of Municipalities. (2) As soon as a notification is issued under sub-section (1), the Election Commissioner shall take necessary steps for holding such general election." The aforesaid Section empowers the State Government to decide about the holding of general elections of the Members of the Municipalities or to fill a casual vacancy and specify the date for the purpose by a notification. The petitioners have alleged that the State Government decided to hold general elections of nearly 95 Municipalities in the State including Municipal Council, Moga on 30.6.2008. A news item was published in this regard on 30.5.2008 wherein the proposed schedule for election was also indicated. The petitioners have also placed on record the notification dated 12.6.2008 as Annexure P-4 wherein the Schedule for completing the process of election has been specified which is as under : "PROGRAMME : (a) 12th June, 2008 (Thursday) as the first day of filing Nominations; (b) 17th June, (Tuesday) as the last date for making nominations; (c) 19th June, 2008 (Thursday) as the date for scrutiny of nominations; (d) 20th June, 2008 (Thursday) as the last date for withdrawal of candidatures; (e) 30th June, 2008 (Monday) as the date on which a poll shall, if necessary, be taken and; (f) 3rd July, 2008 (Wednesday) as the date by which the election shall be completed."
(2.) THE petitioners seem to be satisfied in so far as the holding of the proposed election is concerned. It is, however, alleged that the State Government has decided not to hold elections of the Municipal Council, Moga as it proposes to extend Municipal Limits of the existing Municipality. With a view to strengthen their case, the petitioners have referred to letter bearing Memo No. 10/3/06-ILG (3)/224 dated 25.1.2008 whereby Executive Officer of Municipal Council was asked to send a proposal for extension of the Municipal Limits of Municipal Council, Moga. The Municipal Council, Moga also adopted a Resolution No. 22 on 4.2.2008 and submitted a revised schedule of boundaries. The grievance of the petitioners is that the State Government is avoiding to hold elections to the Municipal Council, Moga as the ruling party apprehends its inability to muster sufficient mandate to control the Municipality. The petitioners have accordingly filed the present writ petition under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Mandamus for commanding the respondents to hold the election to the Municipal Council, Moga, simultaneously, with the other Municipalities for which elections are proposed to be held on 30.6.2008. Following prayers are made in this regard : (i) Issue a writ in the nature of Mandamus directing the respondent No. 1 to issue directions to respondent No. 2 for holding the elections in the Municipal Council, Moga as per the election Programme issued on 29.5.20081 by respondent No. 2 vide proposed Notification No. SEC-ME-2008/575 dated 12th June, 2008 Annexure P-4, alongwith the elections being held in 95 other Municipal Councils/Nagar Panchayats in the State of Punjab, in accordance with the provisions of the Punjab State Election Commission Act, 1994 as well as the Punjab Municipal Act, 1911. (ii) Issue a writ in the nature of mandamus directing the respondent No. 2 to hold the elections to the Municipal Council, Moga alongwith other 95 Municipalities/Nagar Panchayats in the State of Punjab scheduled to be held on 30.6.2008 as per the proposed notification dated 12.6.2008 issued by him giving the detailed Programme for holding the elections in 95 Municipalities/Nagar Panchayats." Notice of this petition was issued by the Vacation Bench on 3.6.2008 and Senior DAG, Punjab appeared on the same day. Reply has been filed on behalf of the State of Punjab. It has been clearly indicated that the State Government has already initiated the process of extension of Municipal limits of Moga Municipality. The process was started on 27.6.2006 with the issuance of the draft notification under Section 5(2) of the Act. It is the case of the respondent-State that the existing limits of the Municipality, Moga were determined by Notification dated 19.1.1975 and during the last more than three decades, the city has grown and there is necessity to annex other urban areas with the Municipality to prevent haphazard development and for the improved civic facilities. According to the respondent-State, the process for extension of Municipal limits and for de-limitation of the areas proposed to be brought within the municipal limits is likely to take some time. However, the State has specifically undertaken to complete the process of extension of Municipal limits and also the constitution of the due Municipal Council, Moga within a period of four months.
(3.) WE have heard Shri Harbhagwan Singh, learned Sr. counsel appearing on behalf of the petitioners and Shri Amol Rattan Singh, Additional A.G., Punjab at length.;