JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

1. D.B. Civil Writ Petition (PIL) No.19007/2019 has been filed challenging validity of the notifications dated 5.11.2019 and 18.10.2019, whereby the Municipal Corporation, Jaipur has been splitted into two Municipal Corporations namely; Jaipur Heritage and Jaipur Greater, mainly on the premise that it has been done only to avoid its election with a further relief to have elections of the Municipal Corporation, Jaipur within the time prescribed i.e. prior to 25.11.2019 or immediately thereafter in accordance with notifications dated 10.6.2019, 29.7.2019 and 14.8.2019.

2. In the D.B. Civil Writ Petition No.18880/2019, in addition to aforesaid relief, a further relief has been sought seeking quashment of the notification dated 18.10.2019 being ultra vires; but, during the course of arguments, learned counsel appearing for the petitioner did not press this relief; thus, essentially in both the writ petitions, the relief prayed for is almost identical i.e. the elections of the Municipal Corporation, Jaipur be conducted within the stipulated period i.e. prior to 25.11.2019 in the letter and spirit of Article 243U of the Constitution of India as term of the existing Municipal Corporation, Jaipur is coming to expire on 25.11.2019. Therefore, both the writ petitions are being decided vide this common order.

3. Facts in brief as emerge from both the writ petitions are that the Municipal Corporation, Jaipur was constituted on 26.11.2014 in pursuance of the elections held in the year 2014. Vide notification no.1523 dated 10.6.2019 (Annexure-2), the State Government, exercising its powers under Sections 6(1) and 9 of the Rajasthan Municipalities Act, 2009 (for brevity, ‘the Act of 2009’), prescribed criteria for fixation of number of seats in different municipalities. For the Municipal Corporations with population above 15 lacs, the number of seats prescribed was 150. This notification rescinded the earlier notification dated 22.8.1994 whereby the number of seats for Municipal Corporation, Jaipur was fixed as 91. Vide notification dated even (Annexure-3), elections for 44 municipalities were proposed to be conducted in November, 2019 in view that life of these 44 municipalities was coming to an end in the month of November itself. Thereafter, vide order dated 10.6.2019 (Annexure-4) the State Government re-determined the number of Wards in various municipal bodies whereby, the number of Wards in Municipal Corporation, Jaipur was increased from 91 to 150, which was in tune with the notification no.1523 dated even. Notification dated 29.7.2019 (Annexure-5) provided for classification of reserve seats in various municipalities including the Municipal Corporation, Jaipur. Vide order dated 14.8.2019 (Annexure-6) issued under Sections 6 and 10 of the Act of 2009 read with Rule 3 of the Rajasthan Municipal (Elections) Rules, 1994, the State Government agreeing with the comments of Chief Municipal Officer, approved the draft order of Ward formation as proposed by the Chief Municipal Corporation. This order also provided for 150 Wards for the Municipal Corporation, Jaipur. Thereafter, the State Government came with notification dated 18.10.2019 (Annexure-7); impugned herein, whereby rescinding the notification no.2446 dated 14.8.2019, the Municipal Corporation, Jaipur was splitted into two new Municipal Corporations namely; Municipal Corporation, Jaipur Heritage and Municipal Corporation, Greater Jaipur. Along with Municipal Corporation Jaipur, the Municipal Corporations of Jodhpur as well as Kota were bifurcated too. Barring the Municipal Corporations, Jaipur, Jodhpur and Kota, vide notification dated 31.10.2019 (Annexure-8), the State Government notified elections in 49 municipal bodies including 6 new municipal bodies to be conducted in the month of November as the life of existing municipalities was coming to an end in that very month. Thereafter, vide notification dated 5.11.2019 (Annexure-9) issued in continuati