The court affirmed that without new census data or changes in municipal boundaries, the delimitation of wards is unauthorized as per the Rajasthan Municipalities Act, 2009.

Order :

DINESH MEHTA, J.

1. These writ petitions involve a common question as to whether without there being any inclusion/exclusion of area in municipality, the process of delimitation of wards can take place, particularly when, no fresh census has taken place between the delineation earlier made and the elections held and ensuing elections, which are scheduled in October –December, 2025.

2. In one of the writ petitions (being SB CWP No.8040/2025 : Narayan Singh & Ors. Vs. State of Raj. & Ors.), this Court noticed the basic contention of the petitioners, who have challenged the very initiation of the delimitation exercise. It will not be out of place to reproduce the contentions noted during the record of proceedings dated 02.05.2025, which reads thus:

1. By way of present writ, the petitioners have challenged the very initiation of delimitation exercise while contending that none of the conditions as mentioned in clause (a) to (d) of sub-section (1) of section 3 of the Rajasthan Municipalities Act, 2009 does exist, for which the respondents can undertake delimitation exercise.

2. Mr. Bhurani, learned counsel for the petitioners contended that the same wards were created for municipal election of 2019 and since then, neither any revenue village has been included in municipal area of Rajsamand nor has any fresh census taken place, so as to warrant exercise of delimitation.

3. Mr. Rajesh Panwar, learned Additional Advocate General appearing for the respondent-State prays for and is granted ten days’ time to respond to the question as canvassed by the petitioners.

3. On 28.05.2025 all these writ petitions were listed, but since it was practically the last day before the summer vacations and there was long list of other urgent matters, the arguments were heard on stay application(s) and learned counsel for the parties were requested to submit written arguments, while reserving the order on stay application(s).

4. Mr. R.S. Choudhary and Mr. Manish Patel, learned counsel appearing for the petitioners apprised the Court about the number of wards and number of persons in each wards including SC/ST population and highlighted that so far as the Municipal Board, Taranagar (District Churu) and Deogarh (District Rajsamand) are concerned, neither any revenue village has been included nor has any area been excluded from these Municipalities since 2019, when the municipal elections were held on the basis of census of 2011.

5. They argued that since new census has not been conducted, as per the relevant provisions and guidelines issued by the State Government, the figures of census of 2011 alone are to be taken into account and therefore, exercise of delimitation of wards in these municipalities is impermissible, as per Section 3 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as “the Act of 2009”)

6. Taking the Court through the provision of sub-section (1) of Section 3 of the Act of 2009, learned counsel submitted that none of the contingencies encapsulated in clauses (a) to (d) of sub-section (1) of Section 3 has arisen, for which the provisions of sub-section (2) of Section 3 of the Act of 2009 can be invoked.

7. They argued that such being the position, the delimitation exercise or re-determination of wards cannot take place, and hence, the proposal mooted by the corresponding District Collectors or the election officers seeking to change the te