New Delhi : A five-member Constitution Bench of the Supreme Court on Thursday made it clear to all the States and Union Territories that local body elections must be completed before the expiry of the duration of the five-year period.

Comprising Chief Justice Y.K. Sabharwal, Justice K.G. Balakrishnan, Justice S.H. Kapadia, Justice C.K. Thakker and Justice P.K. Balasubramanyan, it said "the revision of electoral rolls should be carried out by the State Election Commission (SEC) on time and if it could not be carried out within a reasonable time, the election had to be conducted on the basis of the then existing electoral rolls."

The Bench was dealing with issues arising out of postponement of civil polls in certain States.

It said "the SEC shall complete the election before the expiration of the duration of five years and not yield to situations that may be created by vested interests to postpone elections from being held within the stipulated time."

No justification

Writing the judgment for the Bench, Justice Balakrishnan said: "It is true that there may be certain man-made calamities, such as rioting or breakdown of law and order, or natural calamities which could distract the authorities from holding elections. But they are exceptional circumstances and under no circumstance would the Election Commission be justified in delaying the process of election after consulting the State Government and other authorities.

"Going by the provisions contained in Article 243-U of the Constitution, it is clear that the period of five years fixed there under to constitute the municipality is mandatory in nature and has to be followed in all respects.

Dissolved municipality

"It is only when the municipality if dissolved for any other reasons and the remainder of the period for which the dissolved municipality would have continued is less than six months, it shall not be necessary to hold any elections for constituting the municipality for such period. "Also for the independent and effective functioning of the State Election Commission, where it feels it is not receiving the cooperation of the State Government in discharging its constitutional obligation of holding the elections to the panchayats or municipalities within the time mandated in the Constitution, it will be open to the SEC to approach the High Courts, in the first instance and thereafter the Supreme Court for a writ of mandamus or such other appropriate writ directing the State Government concerned to provide all necessary cooperation and assistance to the SEC to enable the latter to fulfil the constitutional mandate."

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