Parmar Samantsinh Umedsinh And Others Vs State of Gujarat & Ors. (Supreme Court of India)
Supreme Court of India has dismissed an appeal challenging a Gujarat High Court judgment that had declared a state ordinance unconstitutional and directed the immediate holding of local body elections in 2015. The apex court found that the appeal had become infructuous as the elections, directed by the High Court, were subsequently held, and the tenure of the elected bodies had concluded.
The Supreme Court heard together multiple civil appeals and a writ petition tagged together, including the appeal filed by Parmar Samantsinh Umedsinh against a Gujarat High Court judgment dated July 29, 2015. This specific High Court judgment had dismissed a writ petition challenging the legal validity (vires) of certain provisions of the Gujarat Provincial Municipal Corporation Act, 1949, and related rules and notifications.
In the writ petition before the High Court, Parmar Samantsinh Umedsinh had sought declarations that Section 5(3)(iii)(a) and Section 29A of the 1949 Act, along with Sections 2 and 3 of the Gujarat Local Authorities Laws (Amendment) Act, 2009, were unconstitutional (ultra vires the Constitution of India). The challenge was based on the contention that these provisions violated the principle of “one member one ward mandate.” The petitioner also challenged Rules 4 and 5 of the Bombay Provincial Municipal Corporation (Delimitation of Wards in the City and Allocations of Reserved Seats) Rules, 1994 (including a 2015 amendment), seeking a declaration that they too were ultra vires the Constitution.
