Kishan Singh Tomar case

Polity & Governance glossary

Also called: Kishan Singh Tomar v. Municipal Corporation of Ahmedabad (2006) · Topic: Urban Local Government: Municipalities and Cities · NCERT: Beyond NCERT

Meaning

In this 2006 case, a Constitution Bench of the Supreme Court gave a key ruling on municipal elections. It said that elections must be finished before the five-year term of a municipality ends. Only extraordinary events, such as natural disasters, can justify a delay. The case gives force to Art. 243U, which fixes a five-year term, and Art. 243ZA, under which the State Election Commission conducts these elections.

Example

Delays still happen despite this ruling. Chennai's council lapsed in 2016 and was elected again only in 2022. Bengaluru's council lapsed in 2020. A CAG audit of Odisha found that elections were overdue in 106 of 114 audited ULBs.

Don't confuse with

  • K. Krishna Murthy case (2010): that case set the triple test for OBC reservation in local bodies. It did not deal with the timing of elections.

Related concepts

Read more