Issue notification for urban body polls: HC tells UP Govt

ALLAHABAD: The Allahabad High Court on Wednesday ordered the Uttar Pradesh government to prepare voters list for elections to urban local bodies in the state on a "warfooting" and issue notification for the polls by October 31. The court also made it clear that the voters list shall be prepared on the basis of 2011 Census only and not on the basis of 2001 Census.
Passing the order, a division bench of Justice Amitava Lala and Justice V K Mathur observed: "Elections for urban local bodies cannot be held beyond a period of five years under constitutional provisions. Therefore, notification for holding the polls may not be delayed beyond October 31."
"Balance should be struck between two constitutional mandates, as election cannot be held beyond the period as per Article 243U of the Constitution, i.e., five years from the date appointed for its first meeting and similarly, election cannot be allowed to be held on the basis of Census of 2001. Because in that case, large number of people will remain unrepresented. Census with regard to population is admittedly a continuous process. The process has been started in the early part of year 2011 and admittedly it is finished excepting certain formalities," the court observed. The court directed the Census department to publish the data without any delay as it would give ward-wise and caste-wise breakup of population to the government and the process of delimitation/reservation of seats could be started on a priority.
"Such process," the bench observed, "will be completed by the state on a war-footing, irrespective of holidays, as expeditiously as possible giving priority to the areas where elections are to be held by November 15, and so on and also in respect of transitional areas. After completing the process, election notification will be issued but issuance of the same will not be delayed beyond October 31."
The order came on a writ petition filed by Ajeet Jaiswal and others, who contended that as tenure of present municipalities and municipal corporations is to expire on November 15 and in December respectively, the state government is duty-bound to ensure that elections are held by that time. Earlier, the court had reserved its judgement on October 13.
Appearing for Jaiswal, senior advocate K N Tripathi submitted that as per constitutional requirement, election to the local bodies has to be held within five years and no longer from the date of first meeting of the elected body. He reiterated his earlier stand saying that the State Election Commission and the state government were bound to hold such elections within five years as per constitutional requirement.
Senior advocate Navin Sinha, who argued on behalf of petitioner Niraj Kumar Misra and others, said, "Such elections, if held on the basis of decadeold Census of 2001, would be violative of Part Nine of the Constitution." Appearing for another petitioner, S F A Naqvi argued that elections be held on the basis of 2011 Census.
Additional advocate general Jaydeep Mathur, who was assisted by M C Chaturvedi, drew court's attention towards the difficulties to be encountered by the state government if elections were not held on the basis of 2011 Census data. "After 2001, several new districts have been carved out in the state and huge rural population has shifted from rural to urban areas as per the latest Census. Therefore, the entire scenario of reservation and delimitation of wards has undergone a change," it was submitted.
The government counsels contended that "holding of elections within five years and no longer, no doubt, is our constitutional requirement but representation of the people in the election on the basis of last preceding Census is also a constitutional requirement. Thus, it is the duty of the state government to strike a balance between both the constitutional requirements". "Since the latest 2011 Census has been completed and datas are provided to the state government, therefore, the state government is bound to hold elections considering both the constitutional requirements," they submitted.
They reiterated their plea that the state is not against holding of elections, but though it possesses district-wise rural and urban data, it has not been provided ward-wise and caste-wise data of the population which is required for holding elections and for delimitation/reservation purposes.
The Mayawati government has been under attack from opposition parties over the issue of urban local body polls.
Court Observations The HC ordered the state government to prepare voters list for elections to urban local bodies in the state on a war-footing and issue notification for the polls by October 31
It said the voters list shall be prepared on the basis of 2011 Census only and not on the basis of 2001 Census
The HC also directed the Census department to provide all the necessary data to the state government immediately as that once the data is made available the state government shall undertake preparation of voters list ward-wise