1. We have heard learned counsel appearing for the parties.

2. This writ petition has been filed, challenging the impugned order dated 30.4.2015 with a map of delimitation of wards of Nagar Palika Nokha and the consequential voters list, dated 13.6.2015, summary of which is provided in Annexure-4 to the writ petition, with further prayers to finalize the reconstitution and delimitation of the wards of Nagar Palika, Nokha, District Bikaner, after following the statutory provisions and guidelines/ instructions and then to hold the elections of Nagar Palika, Nokha.

3. The petitioner was an elected member of Nagar Palika, Nokha, Chairman of Nokha Vikas Manch and also a member of the Rajasthan Legislative Assembly from 2008-2013.

4. It is submitted that delimitation of the wards of the Municipality in the elections, to be held in the year 2015, has not been made in accordance with Section 9 of the Rajasthan Municipalities Act, 2009 (in short, the Act of 2009) and the Rules of 1994, made thereunder, inasmuch as before re-arranging the wards increasing the numbers from 30 to 35, a draft order under sub-section (1) of Section 10, providing for the wards into which each Municipality shall, for the purpose of elections, be divided the extent of each ward; the number of seats and the number of wards for women candidates, was not published, inviting objections within a period of seven days, with a copy of the same sent to the Municipality concerned for comments under sub-section (4) of Section 10, on account of which objections could not be filed by the petitioner and cannot be decided under sub-section (5) of Section 10 of the Act of 2009, vitiating the entire exercise of delimitation of the wards.

5. It is submitted that the wards should be geographically compact areas, as far as practicable, without any pockets. Sub-section (2) of Section 9 of the Act of 2009, provides for representation on the basis of the population of that ward and shall, as far as possible, be in the same proportion as the total number of seats for the Municipality bear to its population. For this purpose, the guidelines issued by the State Government by executive orders, provide that there should not be more than 10% population in each ward and that as far as possible, there should be no pocket wards.

6. A preliminary objection has been taken by learned counsel appearing for the State Election Commission of Rajasthan, that the term of the Municipality is coming to an end on 31.08.2015 and the State Election Commission has to hold the elections before that date, for which the State Government has issued a Notification, providing for delimitation of the constituencies, after which the voters list was required to be published. The Notification provided for 60 days time for formation of wards and publication of formation of wards, including inviting of objections and forwarding of recommendations to the State Government within 60 days, beginning from 1st January, 2015 to March, 2015 approval of recommendations of the Collector within next 30 days, beginning from 2nd March, 2015 to 31st March, 2015 and final publication in Official Gazette within 30 days, beginning from 1st April, 2015 to 30th April, 2015 and the lottery, at district level, for reservation of the wards, within 15 days from 15th June, 2015 to 30th June, 2015.

7. It is submitted that Article 243-ZG of the Constitution of India, provides for Bar to interference by Courts, on validity of any law relating to the delimitation of constituencies, or the allotment of seats to such constituencies, in electoral matters. Article 243-ZG, is quoted as below:-

“243-ZG – Bar to interference by courts in electoral matters-Notwithstanding anything in this Constitution:-

(a) The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made under Article 243-ZA shall not be called in question in any court.

(b) No election to any Munici