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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA
Sahdev Singh Bhati S/o Shri Bhanwar Singh Bhati – Appellant
Versus
State Of Rajasthan, Through Secretary Department Of Local Self, Government Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. delimitation of wards must follow census. (Para 1) |
| 2. conditions for delimitation must be met. (Para 2 , 4 , 5 , 7) |
| 3. judicial precedent cited for support. (Para 8 , 9) |
| 4. maintainability of petitions raised. (Para 10 , 11 , 13 , 14) |
| 5. high court's jurisdiction noted. (Para 18 , 19 , 20 , 21) |
| 6. census completion critical for delimitation. (Para 22 , 23) |
| 7. difference in statutory provisions considered. (Para 24 , 25 , 26) |
| 8. similarities with prior case established. (Para 27 , 28) |
| 9. stay on delimitation process granted. (Para 29) |
| 10. scheduling of final hearing set. (Para 30) |
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 th
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.
Delimitation exercises must adhere strictly to statutory provisions to ensure free and fair elections; failing to do so constitutes a colorable exercise of power.
The Delimitation Commission's authority to conduct delimitation is restricted to changes in population or the number of wards as specified in the Kerala Municipality Act.
Limited scope of judicial review in administrative actions and impermissibility of interference in electoral matters after the commencement of the election process
The court held that notifications for delimitation of Gram Panchayats are administrative acts not subject to judicial review unless proven arbitrary, and non-adherence to internal guidelines does not....
Delimitation orders issued under constitutional provisions are immune from judicial review barring exceptional circumstances; challenges to their validity cannot be entertained under Article 226 of t....
The main legal point established in the judgment is the limited scope of judicial review in administrative actions, emphasizing the prevention of arbitrariness, irrationality, unreasonableness, bias,....
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