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2016 Supreme(HP) 2020

TARLOK SINGH CHAUHAN
Sushant Deshta – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioners: Mr. B.C. Negi with Mr. Raj Negi.
For the Respondents: Mr. Shrawan Dogra with Mr. Rupinder Singh, Ms. Meenakshi Sharma, Mr. Kush Sharma, Ms. Nishi Goel, Mr. Sunil Mohan Goel, Mr. B.S. Chauhan and Mr. Munish Datwalia.

JUDGMENT :

Tarlok Singh Chauhan, J.

1. The instant writ petition has been filed for directing the respondents authorities to retain the Zila Parishad Ward Tikkar in its original form i.e. as existing in the year 2010 and the orders to the contrary, be quashed and set-aside.

Certain undisputed facts may be noticed.

2. The delimitation process for the Zila Parishad Tikkar Ward was concluded on 20.8.2015. However, based upon the objections raised by the petitioner, delimitation qua the constituencies of Zila Parishad Shimla including Tikkar Ward was set-aside by the Divisional Commissioner, Shimla vide his order dated 9.9.2015 and the matter was remanded back to the Deputy Commissioner, Shimla to complete the delimitation process in accordance with Rule 9 of the Himachal Pradesh Panchayati Raj (Election) Rules, 1994 (for short Election Rules). However, before these objections could be decided, the State Election Commission vide notification dated 6.10.2015 issued the Model Code of Conduct and vide another notification dated 9.10.2015 the State Election Commission had given effect to C














































































































































































































































































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