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2005 DIGILAW 1458 (SC)

KISHANSING TOMAR v. MUNICIPAL CORPN. OF THE CITY, AHMEDABAD

2005-09-13

C.K.THAKKER, R.V.RAVEENDRAN, Y.K.SABHARWAL

body2005
ORDER 1. The writ petition filed by the petitioner in the High Court of Gujarat at Ahmedabad praying for direction to the respondents to take all urgent steps necessary for the purpose of holding election to constitute the Municipal Corporation of the city of Ahmedabad before the expiry of its term, was disposed of by a learned Single Judge in terms of the decision dated 23-6-2005 whereby the learned Single Judge accepted the suggestion of the State Election Commission as to the time-frame for conduct and conclusion of the election. It was directed that the time-frame must be strictly followed and election to be completed latest by 31-12-2005. The letters patent appeal filed by the petitioner has been dismissed by a Division Bench of the High Court in terms of the impugned judgment dated 8-8-2005 wherein the High Court has, inter alia, observed that the appointment of Administrator during the short interregnum cannot be dubbed as illegal. The five-year term of the Corporation would expire on 15-10-2005. 2. The matter involves interpretation of various Articles of Part IX-A of the Constitution, including Articles 243-P, 243-T, 243-U, 243-ZA and 243-ZF and requires consideration. Accordingly, we grant leave. 3. Since the questions involved are of interpretation of various provisions of the Constitution, having regard to Article 145(3), the appeal shall be placed for hearing before a Constitution Bench. 4. Having heard learned counsel for the parties, without prejudice to the rights and contentions, the subject-matter of the appeal, we are of the view that the new Corporation shall be constituted on or before 15-10-2005. We accept the alternate proposed election programme for Ahmedabad Municipal Corporation, as submitted by Mr. Dave, learned Senior Counsel, before this Court. It reads thus: "(1) date of notice (2) Last date of making nomination (3) Date of scrutiny (4) Last date of withdrawal (5) Date of poll (6) Date of counting 15-9-2005 22-9-2005 24-9-2005 27-9-2005 13-10-2005 15-10-2005"