JUDGMENT Permod Kohli. J.:- 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 period of six months from the date of its dissolution; 2. Section 13-A of Act further provides for holding of General Election of the Municipality. The said Section reads ad under:- “13-A- Power of State Government to direct holding of general election. Section 13-A of Act further provides for holding of General Election of the Municipality. The said Section reads ad 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.” 3. 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 has 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. 4. 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. 4. 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. 10/3/06-1LG (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 29.5.2008, 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, alongwith Moga 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.” 5. 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. 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. 6. 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. 7. The sum and substance of the arguments of the learned Sr. Counsel appearing for the petitioners is that the Municipality, Moga has been picked up for hostile and discriminatory treatment on political considerations by withholding the elections to the Municipal Council. It has been forcefully and vehemently argued that four villages, namely, Moga Mahila Singh, Mahima Singh Wala, Sant Nagar and Lande Ke constitue separate Panchayats where elections have been held recently and there is no compulsion to annex these areas with the Municipality. It is further contended that the people of the Municipal area Moga are being deprived of their constitutional right to elect their representatives for the Municipal areas. He has referred to a judgment of this Court passed in the. case of Anuradha Gupta vs. State of Haryana. (CWP No.17232 of 1994 decided on 30.11.1994 wherein following observations have been made: “4.Elected bodies, be that the Parliament, the State Legislature or Municipal Committees in a democratic country have to perform important functions. He has referred to a judgment of this Court passed in the. case of Anuradha Gupta vs. State of Haryana. (CWP No.17232 of 1994 decided on 30.11.1994 wherein following observations have been made: “4.Elected bodies, be that the Parliament, the State Legislature or Municipal Committees in a democratic country have to perform important functions. It has always been recognized in a democratic functioning that elections should be concluded as early as possible according to the time schedule and all controversial matters with regard to the disputes relating to elections should be postponed till after the elections are over so that election proceedings are not indefinitely stopped. If the contentions raised by the petitioner are accepted, the resultant effect would be that elections to the democratically elected institutions may not be completed for indefinite period…” 8. It is contended by the learned Sr. Counsel appearing on behalf of the petitioners that it is only because of political considerations that the elections to this part of the territory are being withheld and segregated from rest of the Municipalities in the State of Punjab. Learned Sr. counsel appearing on behalf of the petitioners has further referred to Article 243-U of the Constitution of India and Section 13 of the Act to urge that the maximum tenure of the Municipality is five years and no longer. By referring to Clause (3) of Article 243-U and Section 13 (3) of the Act, it is further argued that it was both statutory and constitutional obligations of the State to constitute the Municipality before the expiry of the duration of the existing Municipality, but the State Government has failed in its duty to discharge its obligations and has also deprived the people of the area from electing their representatives. As regards the extension of the Municipal limits is concerned, reference is made to Section 5 of the Act which reads as under: “5. Alteration of limits of Municipality- (1) The State Government may, from time to time, keeping in view the provisions of sub­ section (1) of Section 4 and after consultation with by concerned Municipality, by notification in the Official Gazette, alter the limits specified for any municipal area so as to include therein or to exclude therefrom such area as may be specified in the notification.” 9. Based upon the aforesaid provisions, it is argued that the Municipal Limits can only be extended with the consultation of the concerned Municipality and since there is no Municipality or elected body, State Government is not in a position to extend the Municipal limits and the plea of extension of municipal limits is only a farce to delay the elections. It is accordingly submitted that a direction be issued to the respondents to hold the elections for the Municipal Council, Moga alongwith other Municipalities by necessary notification notifying the schedule of the election for which the process is to commence on 12.6.2008. 10. In view of the above submissions, we have heard the matter finally on 11.6.2008. 11. Undisputedly, the elected body in a Municipality has maximum tenure of five years as per the provisions contained under Article 243-U and Section 13 of the Act. Both the above referred provisions further cast an obligation upon the State authorities to constitute fresh elected body (Municipality) before the expiry of the duration of the elected body and within six months if it is prematurely aborted. It is also not in dispute that the respondent-State has failed to initiate the process for constitution of the fresh elected body before the expiry of the term of five years of Municipality, Moga which expired in March, 2008. However, it is fait accompli. Nothing can be retrieved or rectified at this stage even by any judicial direction. The position as exists today has to be accepted as a reality. The fact remains that election has to be held to. meet the constitutional and statutory requirement as early as possible. Only question is the timing of election and with what speed. Bottlenecks have been indicated in the reply. The State of Punjab has expressed its desire and intention to extend the Municipal limits. It is also an admitted position that the existing limits of the Municipality, Moga have not been altered over last three decades. It also cannot be disputed that there has been tremendous urbanization throughout the country and Moga is no different, particularly being a part of the affluent State of Punjab. Respondents have produced the record. It may be useful to refer to the order of the Principal Secretary to Government of Punjab Department of Local Government dated 28.5.2008 whereby objections to the proposed extension of the Municipal areas have been decided. Respondents have produced the record. It may be useful to refer to the order of the Principal Secretary to Government of Punjab Department of Local Government dated 28.5.2008 whereby objections to the proposed extension of the Municipal areas have been decided. From the record it appears that initially, the process for alteration of the Municipal limits was initiated on 27.6.2006. The State of Punjab asked the Municipality to moot a proposal for extension of the limits vide its letter dated 25.1.2008 and a proposal was mooted by the Municipality vide Resolution No.22 dated 4.2.2008 resolving to agree with the Government’s proposal for extending its boundaries. There is also a proposal from the Deputy Commissioner, Moga dated 22.2.2008 who recommended inclusion of the Gram Sabha areas and four villages in Municipal limits. The village Panchayats of Moga Mahila Singh, Mahima Singh Wala, Sant Nagar and Lande Ke also adopted separate resolutions urging the State Government to include their areas in urban local bodies for improved civic facilities and on account of urbanization of the area in the proximity of the Municipality. The State Government even invited objections. All objections have been considered and disposed of. The process of extension of the Municipal limits to these four villages is almost complete. Vide order dated 28.5.2008, the State Government has directed the issuance of Notification under Section 5 of the Act to alter the areas of the existing Municipality, Moga. The entire process has been carried out in accordance with Section 5 of the Act and there is no violation as such as has been urged by the learned Sr. Counsel appearing on behalf of the petitioners. Since the Municipal Council adopted a resolution on 4.2.2008 when it was alive i.e. before expiry of its term on 21.3.2008, there has been proper and legal consultation as required under Section 5 of the Act. 12. Respondent-State has nowhere shown its reluctance to hold the elections. To repel the argument of hostile discrimination and political considerations, learned Additional A.G., Punjab has made a statement on the basis of the instructions and record that elections have been deferred not only of Municipal Council, Moga but also of three other Municipalities of Muktsar, Sujan Pur and Kharar on account of proposed alternation of Municipal Limits of all these Municipalities alongwith the Municipality, Moga. In view of the statement, we are of the view that the allegations of hostile treatment and discrimination are not well founded. Otherwise also, there is no, specific allegation against any person or authority except general allegations of political considerations which may be a normal and common thing in the elections. In any case, it is prerogative of the State to decide about the extension of the municipal areas and it is not for the Court to venture unless any action of the State Government or its functionaries is shown to be actuated and influenced by apparent bias and mala fide based upon specific and concrete allegations on the basis of verifiable facts. There is nothing on record. The power of judicial review in such matters has to be exercised with utmost care and has to be circumscribed with constitutional and statutory limitation. Hon’ble Supreme Court in the case of State of U.P. and others vs. Pradhan Sangh Kshettra Samiti, 1995 Supp (2) Supreme Court Cases 305 made following observations: “44. It is for the Government to decide in what manner the panchayat areas and the constituencies in each panchayat area will be delimited. It is not for the court to dictate the manner in which the same would be done. So long as the panchayat areas and the constituencies are delimited in conformity with the constitutional provisions or without committing a breach thereof, the courts cannot interfere with the same……” 13. Apart from above observations, respondent-State of Punjab has placed on record its undertaking to complete the process of elections and constitution of the new elected bodies (Moga Municipal Council) within four months. It may be useful to refer to the statement on affidavit which reads as under:­ 2…..The Government assures the Hon’ble Court to constitute Municipal Council, Moga would be announced within four months and during this period, the Government shall also finalize the process of determination of Municipal limits as well as the number of wards and delimitation of wards and reservation for different categories.” 14. In view of the aforesaid undertaking and legal and factual aspect noticed by us here-in-above, we are of the opinion that there is no substance in the petition and no direction can be issued to conduct the elections simultaneously with other Municipalities for which the process of nominations is to commence on 12.6.2008. In view of the aforesaid undertaking and legal and factual aspect noticed by us here-in-above, we are of the opinion that there is no substance in the petition and no direction can be issued to conduct the elections simultaneously with other Municipalities for which the process of nominations is to commence on 12.6.2008. However, we take on record the undertaking of the State Government and direct the respondent­State of Punjab to complete the process of extension of Municipal Area of Municipality, Moga, de-limitation of the wards, allocation of the reserved seats and constitute the new elected body for the Municipality, Moga within four months from today. The writ petition is disposed of with the aforesaid observations. ------------------------