Article 243-ZE | Allahabad High Court Raps UP Govt, State Election Commission For Not Conducting Polls To Committee For Metropolitan Planning

Recently, the Allahabad High Court pulled up the U.P. Government and the State Election Commission over non-holding of elections to the Committee for Metropolitan Planning despite the mandate of Article 243-ZE of the Constitution of India.

The bench of Justice Saral Srivastava and Justice Arun Kumar Singh Deshwal issued following directions,

“the State Election Commissioner is directed to issue a letter specifying the requirement of the information/document required for holding the election of the Committee for Metropolitan Planning to the Principal Secretary, Urban Development, Government of U.P., Lucknow within a period of ten days. The Principal Secretary, Urban Development, Government of U.P., Lucknow is directed to supply the information required by the State Election Commission by the said letter within a period of two weeks thereafter.”

The Court also observed that in case of non-compliance of the aforesaid, the State Election Commissioner as well as the Principal Secretary, Urban Development, Government of U.P., Lucknow should be present before the Court to explain the lack of coordination between Government and Election Commission for election of the Committee for Metropolitan Planning.

Petitioners approached the High Court seeking constitution of Metropolitan Planning Committee. They pleaded that despite Court order in Public Interest Litigation No.4735 of 2016, where State Election Commission was directed to consider State Government's letter for constituting Metropolitan Planning Committee, no action was taken.

Though the counsel for State Election Commission showed a letter written letter to the State Government seeking information, the Court observed that the same was vague and no information could be provided on a vague letter. "Both are shifting the burden upon one and other for not holding the election," Court remarked.

Since the counsel stated that a fresh letter seeking information would be issued within 10 days, the Court directed the parties to exchange information and coordinate for conducting the elections.

The next date of hearing is 29^th August.

Case Title: Kamlesh Singh And 2 Others v. State Of U.P. And 5 Others [WRIT - C No. - 12386 of 2018]

Counsel for Petitioner : Narendra Kumar Pandey, Sudha Pandey

Counsel for Respondent : C.S.C., Pramod Kumar Singh, Tarun Agrawal

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