SHILLONG: The High Court of Meghalaya has directed the State Government to take efforts to carry out all the necessary processes with utmost expedition and in priority to hold municipal polls in Shillong.
The Court while disposing of a PIL on Tuesday filed by Pawan Sharma, however, expressed satisfaction with the efforts of the State Government for making attempts to hold municipal elections, saying that the government had been carrying out its responsibilities with regards to holding of municipal elections in the State.
In the PIL it was submitted that municipal elections were not being held in the State inspite of a Supreme Court order passed way back on December 10, 1999.
The petition was filed with the submissions that municipal elections were not being held in the State inspite of the order of the Supreme Court whereby such elections were required to be held within six months of the order.
In response to this petition, an affidavit-in-opposition was filed on behalf of the State Government stating, inter alia, that after order of the Supreme Court, the government did make attempts to hold the municipal elections and in fact, the date of polling was fixed on November 25, 2000 but only one nomination was filed, that too was subsequently withdrawn; and hence, the elections could not be held.
It was also stated that such want of participation in the elections had its basis in the resistance by the traditional tribal institutions and social organisations; and that in order to bring greater accord in the society, the government constituted two working group committees in the years 2006 and 2008. A report of one such working group was also placed before the Court.
It was, however, submitted by the government that in view of the mandate of Article 243-ZC of the Constitution of India, municipal elections cannot be held in tribal areas and efforts are being made to carry out the amendments to the Meghalaya Municipal Act, 1973 after the 74th Amendment of the Constitution, so as to bring the Act of 1973 in conformity with the constitutional provisions.
It has also been stated that Urban Affairs Department of the State government would take steps for amendment of the Act of 1973 and to notify the areas so that municipal elections could be held as per the law.
Taking note of the submissions made on behalf of the State government, “we find no reason to continue with this PIL any further and are inclined to dispose it of but with the observations that the efforts must be made to carry out all the necessary processes with utmost expedition and in priority,” the Court observed.
The counsel for the petitioner also frankly submitted that the submissions as made on behalf of the government stand in conformity with the law and that efforts are indeed being made to hold the municipal elections in accordance with law but submitted further that the necessary steps should now be taken on priority basis as the matter of holding such elections has remained pending for excessive length of time.
“Though the time has elapsed, this matter appears to be excessive, however, it is noticed that at the initial stage, the State government did make efforts to hold the elections but the actual process did not materialise for the reasons over which, the government might not be carrying total control,” the Court said.
The Court added that it is satisfied that the State government had been carrying out its responsibilities as regards holding of municipal elections but the same could only be held in accordance with the constitutional mandate and in that regard, the process of proper modification of the provisions of the Meghalaya Municipal Act, 1973 appears unavoidable.
