The amendment assigning delimitation powers to the Director of Municipal Administration does not violate electoral independence or constitutional provisions, as delimitation is an administrative rather than electoral function.

JUDGMENT :

BHARATI H. DANGRE, J.

1. The Petitioner, a Corporator duly elected for Ward no. 19, Corporation of City of Panaji for two terms, has raised a challenge to the constitutional validity of Section 9(2) introduced in the City of Panaji Corporation by the (Amendment) Act, 2005 published in the Official Gazette, Series I no. 46 (Extraordinary-II) dated 16.02.2025, which has come into effect from 24.09.2024.

The challenge to the amendment is on the ground that it is ultra vires of Section 11 of the Panaji Corporation Act, 2002 as well as violative of Article 243(k) and 243(za), as the Constitution has vest responsibility for conduct of elections including the delimitation only in the State Election Commission. Therefore, it is a specific stand of the Petitioner that the assignment of delimitation to a Government Control Body i.e. the Director Municipal Administration has undermined the independence of the election process.

2. We have heard the learned Counsel Mr. Rohit Bras De Sa for the Petitioner, who has advanced submissions in support of the Petition and, according to him, vesting the power of delimitation of the Municipal wards in the Director of Municipal Administration, instead of the Election Commission violates the basic structure of the Constitution of India.

Highlighting the role of the Election Commission in ensuring free and fair elections, he would submit that by assigning the task of delimitation i.e. preparation of wards to the State Authority, has undermined the independence of the election process and potentially violate the basic structure doctrine. Submitting that the delimitation and division of wards has a substantial effect on free and fair elections as the exercise of delimitation involve ensuring fair representation and avoid marginalisation of any group or community, according to Mr. De Sa, it must be necessarily based on rational criteria and shall not violate the constitutional principles of equality and fairness.

Relying upon the documents received by the Petitioner under the Right to Information Act, it is also the submission of Mr. De Sa that in fact the power vested in the Director Municipal Administration has been permitted to be exercised by the authority like Mamlatdar and has been subjected to serious misuse. By relying upon the documents placed on record along with the Writ Petition in form of notings from the Department of Urban Development, it is his specific contention that the representations preferred in respect of the exercise of delimitation carried out for various Village Panchayats during the Panchayat elections as well as during the elections of the Municipal Corporation have been directed to be forwarded to the Mamlatdar indicating that the power is being exercised by the Mamlatdar and this includes the representation of overlapping of voters of delimited CCP wards or any gross discrepancies in the map showing the boundaries of the lots for the Panaji Municipal Elections.

These instances he has cited before us as only by way of illustration and Mr. De Sa would submit that since coming into effect of the said provision, the exercise of the power has been susceptible to misuse. It is therefore his submission that since the amendment substituting the Election Commission by the Director Municipal