The Supreme Court in the case All India Council of Mayors v. State Election Commission UP And Ors observed and has issued notice in the petition filed by the All India Council of Mayors seeking to allow Mayors in Uttar Pradesh local bodies to continue in the offices of them till their successors are being elected.
The bench comprising of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the present matter.
The plea was filed on 04.01.2023 by the State of Uttar Pradesh, the Top Court had passed an order staying the Allahabad High Court’s direction to the Uttar Pradesh State Election Commission to notify the Urban Local Body Polls without the OBC reservation. Therefore, for ensuring the smooth administration in local bodies whose terms had been expired, it has also been upheld by the court that the arrangement which had been envisaged in direction (D) of the impugned judgment of the High Court as per which the term of Municipal Body came to an end, till the formation of the elected Body, the affairs of such Municipal Body would also be conducted by a three-member Committee headed by the District Magistrate.
It has also been argued by the petitioner in the plea that as per Section 15(3) of the Uttar Pradesh Municipal Corporation Act, 1959, the mayor was being entitled to continue holding office till his successor assumed back the office. Thus, even if the term of office of a Mayor was co-terminus with the term of the Municipal Corporation, the office would be hold by the Mayor till his successor assumed his office, the same would be at a later point in time.
Earlier, the All India Council of Mayors filed an intervention application in the matter raising the same issue.
Accordingly, the court issued a notice in the SLP and has listed the matter
after three weeks.