The delimitation of wards for municipalities is governed by the provisions of Section 10 of the Rajasthan Municipalities Act, 2009, and the Rajasthan Municipalities (Election) Rules, 1994. The procedure for delimitation involves the publication of a draft proposal, inviting objections and comments, consideration of objections and comments by the State Government, and amendment, alteration, or modification of the draft order before finalization. Challenges to the delimitation of wards are not maintainable in court in view of the bar contained under Article 243-ZG of the Constitution of India.

JUDGMENT

Arun Bhansali, J. - This writ petition has been filed with the prayer that the delimitation of wards for Municipal Board, Taranagar, Churu, be done as per Annex.5 to 7 and be notified accordingly.

2. Further a direction has been sought that the recommendation made after the decision of this Court be not accepted qua the reconstitution of the wards for said Municipal Board, Taranagar and the State be restrained from issuing fresh reconstitution or reconstitute the wards as per the desires of the persons, who have raised objections.

3. It is inter alia indicated in the writ petition that the petitioner had approached this Court earlier by filing SBCWP No.13874/2019, which petition came to be decided by order dated 18.9.2019 based on the communication dated 21.8.2019 issued by the Director, Local Self Government, with the submission that the petitioner's grievance has been redressed. Based on which, the petition was disposed of and it was directed that if any of the petitioner's grievance remains, he shall be free to take appropriate remedies.

4. It is inter alia indicated in the writ petition that for Municipal Board, Taranagar, elections were held in the year 2014, based on 25 wards. A notification dated 10.6.2019 was issued with reference to provisions of the Rajasthan Municipalities (Election) Rules, 1994 ('Election Rules') for delimitation of the wards for various municipalities for the proposed elections in the year 2020. On the same day another order (Annex.3) was issued, whereby, the population of the Municipal Board, the present wards and number of wards as per notification dated 10.6.2019, were indicated, wherein, for Taranagar, the population was indicated as 32640, the existing wards 25 and the new wards at 35.

5. Further indication was made that the proposals be prepared in form A, B & C and that various indications / guidelines were given for the preparation / delimitation of the wards. Based on the same, a public notice dated 5.7.2019 (Annex.5) was issued for delimitation of 35, wards calling for the objections, which were required to be submitted by 15.7.2019.

6. Vide Annex.6, various indications were made regarding the total population, SC Population, ST Population and population qua which ward alongwith residents belonging to SC category etc.

7. Objections alongwith comments dated 22.7.2019 (Annex.9) were prepared by the Executive Officer of the Municipal Board and apparently sent to the State Government.

8. By communication dated 21.8.2019, it was indicated by the Additional Director that the disposal of objections made qua the proposals for delimitation of wards were not logical & as per Rules and, therefore, required the Executive Officer to sent fresh comments on the objections immediately. Based on which, apparently, the earlier writ petition filed by the petitioner was disposed of by this Court in terms of the communication dated 21.8.2019.

9. Apprehensive about the conduct of the respondents, a communication (Annex.14) was addressed to the Director, Local Self Government indicating that a total fresh delimitation was sought to be done, which was not justified.

10. Pursuant to the communication dated 21.8.2019, it is claimed that the respondents have issued a fresh public notice and has sent the same to the State contrary to the guidelines indicated in notification dated 10.6.2019. Allegations have been made that the respondents were seeking to change the wards contrary to the settled guidelines under the pressure from the Local MLA, based on which, the prayer as indicated hereinbefore, has been made.

11. It is submitted by learned counsel for the petitioner with reference to the various provisions of Rajasthan Municipalities Act, 2009 ('the Act') including Section 3 dealing with the delimitation, Section 9 dealing with the division into wards and Section 10 determination of wards as well as Rule 3 of the Election Rules that once vide Annex.5, the draft was published, the same again cannot be publi