The Supreme Court of India on Friday issued a notice in a plea seeking to allow the Mayors of Uttar Pradesh to allow them to hold their respective offices till their successors are elected. The matter was listed before Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala 

The state of Uttar Pradesh filed a petition, in which the Apex Court had passed the staying orders of the Allahabad High Court direction to the Uttar Pradesh State Election Commission to inform the Urban Local Body Polls without OBC reservation. Also, to ensure smooth elections of Mayors whose terms had expired, the Court upheld the arrangement which had been envisaged in direction (D) of the impugned judgment of the High Court, as per which, when the term of Municipal Body came to an end, till the formation of the elected Body, the affairs of such Municipal Body would be conducted by a three-member Committee headed by the District Magistrate.

During the trials, the Petitioner argued that under Section 15(3) of the Uttar Pradesh Municipal Corporation Act, 1959, the mayor was entitled to continue holding office till his successor assumed office. Thus, the Mayor would hold office till his successor assumed his office, which could be at a later point in time. For context, Section 15(3) of the Uttar Pradesh Municipal Corporation Act, 1959 states–

"A mayor or a [Deputy Mayor] shall unless he resigns or ceases to be qualified or becomes disqualified, continue in office until his successor assumes office as Mayor or [Deputy Mayor] as the case may be."

The next date of hearing will be held later this month. 

Case Title: All India Council of Mayors v. State Election Commission UP And Ors.