Indore: HC reserves its order on inclusion of 29 villages in IMC

A division bench of Madhya Pradesh high court on Friday reserved its order on two petitions challenging the notification to include 29 new villages within the existing Indore municipal limits.

A division bench of MP high court on Friday reserved its order on two petitions challenging the notification to include 29 new villages in the existing Indore municipal corporation (IMC) limits.

The petitions challenging the notification have put a question mark over the corporation polls being held on the scheduled date of November 28.

Justice PK Jaiswal and Justice Prakash Shrivastava heard the final arguments by advocate general RD Jain for nearly an hour and a short reply by advocate Anil Trivedi and social activist Kishore Kodwani, the two petitioners.

Trivedi had argued that the process in which the 29 villages had been included within the municipal fold was not according to law, while Kodwani has questioned why only 29 villages had been included and not all the 90 villages as mandated by the master plan, and what was the criterion for including some villages and excluding others.

This is the second notification being issued by the administration for expanding the municipal limit.

The first notification was issued on February 5, 2013 and it was cancelled by a high court order on February 2, 2014, following a petition by Anil Trivedi.

The second notification was issued on March 10, 2014, which was again challenged by Anil Trivedi in high court and notices were issued on May 9, 2014.

Kodwani had filed his petition on January 8, 2013.

Earlier, both the petitions were being heard separately and it was only in September that the two petitions were clubbed together for hearing following request by the Indore municipal corporation.

According to legal experts, the implication of the court cancelling the notification is far-reaching not only for the administration but also the candidates who were getting ready for the elections.

If the notification is cancelled and elections are held in 69 wards – which was the number before the 29 villages were included -- then the reservation process would have to be done once again, and the ward-wise voters list will have to be re-jigged.

Also candidates eyeing certain wards might have to shift their focus to other wards.

The other option for the state government is to issue a fresh notification following due process of law to include the 29 villages and hold elections for 85 wards.

This would be more time consuming, feel legal experts.