HYDERABAD: The grand plan of the TRS government to hold snap polls to the Greater Hyderabad Municipal Corporation (GHMC) along with 56 other urban local bodies (ULBs) whose term is going to expire next week, might not work well for it.
The government has no powers to dissolve the GHMC’s elected body.
The latest polls to GHMC were held in February 2016. TRS had won handsomely, with its candidates winning 99 out of 150 wards.
The five-year term of GHMC elected body expires only in February 2021. However, the State government cannot wait that long as polls have to be held soon at 53 municipalities and three municipal corporations of Nizamabad, Ramagundam and Karimnagar.
Also, the State government had created 68 other municipalities in August last year; elections need to be held for these too.
Sources said that plans of the state government to hold polls to GHMC may backfire as it has no powers to dissolve the GHMC Council before it completes its term. Even if the State government makes amendments to the Municipal Act, it may not stand legally if somebody challenges it in the Court.
Also, if all elected corporators are asked to resign en masse, it would not help the government as to when the SEC hold polls to fill resultant vacancies, new corporators will hold office until February 2021, when the five-year term of the elected body comes to an end.
In simpler terms, as per Article 243-U of the Constitution, GHMC cannot be dissolved in the middle of its term, unlike the Assembly.
Similarly, as per the GHMC Act, members of the reconstituted corporation shall remain in office only till the remainder of the body’s term — ending five years after its first meeting.
No scope for early dissolution
As per Article 243-U of the Constitution, in a municipal body such as GHMC cannot be dissolved before the completion of its term. Members elected through bypolls will be in office only till the end of the body’s term.