Courts Update Madhya Pradesh HC directs state govt to determine extents...

Madhya Pradesh HC directs state govt to determine extents of wards in accordance with MP Municipal Corporation Act

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Madhya Pradesh Aug 31(ILNS): The Madhya Pradesh High Court recently directed the state government to take up the process of determination of extents of wards in accordance with the provisions contained in Section 10 of the Madhya Pradesh Municipal Corporation Act, 1956.

The Petition has been filed by one Rajesh seeking a direction to carry out the fresh process of determination of extents of wards in accordance with the provisions of Section 10 of the Madhya Pradesh Municipal Corporation Act, 1956 and Rule 3 of the Madhya Pradesh Municipal Corporation (Extent of Wards) Rules, 1994  within a stipulated period.

The Jabalpur Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla in view of the submissions of the Counsel for the State, disposed of the Petition with a direction to the State Government to take up the process of determination of extents of wards “whenever the State Government decides to initiate the process for delimitation or for expansion of wards and if it is found that there is a variation of more than 15% of the population in various wards then the process be initiated in accordance with the provisions contained in Section 10 of the Act, 1956 read with Rule-3 of the Rules,1994”, the order reads

The contention of the Petitioner is that the Mayor-in-Council (MIC) of Municipal Corporation Morena has already passed a resolution for the determination of the extent of wards in the year 2019. The period of more than one year has elapsed but no action thereafter has been taken. There is a variation of the population in various wards of more than 15% which is not permissible as per provisions contained in the Act, 1956, and therefore, the fresh process has to be conducted by the respondents.

The respondents have filed the reply and submitted that Municipal Corporation Morena was constituted in the year 2015. Thereafter election was conducted and the term of the elected body came to an end in September 2020.

It is submitted that when the term of the elected body came to an end in the month of September 2020, the entire country was facing an unprecedented situation due to the Covid-19 pandemic and for the said reason no proceeding for conducting a fresh election was initiated. Thereafter due to the second wave also, no proceeding for the election of the newly elected body in Municipal Corporation Morena has been initiated to date.

It is further submitted by the respondents that on account of the Covid-19 pandemic, no process either for delimitation or for expansion of wards has taken place and further proceedings of the election have also not been initiated to date.

The Respondents argued that the matter in respect of the determination of the extent of wards is under consideration at the State Level and if it is found that there is a variation of more than 15% of the population in various wards then the process would be initiated by the State Government in accordance with the provisions contained in Section 10 of the Act, 1956 read with Rule-3 of the Rules,1994./ILNS/SS/SNG

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