Delimitation process requires equal population but lacks court intervention unless mala fides are demonstrated.

JUDGMENT : 

AJAY MOHAN GOEL, J.

1. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:

“(i) That the order dated 19.07.2025 (Annexure P-6) and the order dated 16.06.2025 passed by respondent No.3 (Annexure P-3) may kindly be set aside in the interest of justice.

(ii) That the objection as well as the appeal filed by the present petitioner may kindly be allowed.”

2. Brief facts necessary for the adjudication of this petition are that in terms of notification 24.05.2025, the State Election Commission in exercise of powers vested under Article 243ZA of the Constitution of India, read with Section 9 and 10 of the Municipal Corporation Act, 1994 and Section 10 and 281 of the Himachal Pradesh Municipal Act, 1994 read with Rules framed thereunder, issued the programme for delimitation of wards of Urban Local Bodies in the State (excluding Municipal Corporation, Shimla). The petitioner preferred objections with regard to the delimitation of the wards of Municipal Council, Sundernagar in terms of Annexure P-2, dated 06.06.2025. Deputy Commissioner, Mandi, vide order dated 16.06.2025 dismissed the objections filed by the petitioner against the draft delimitation notification of Municipal Council, Sundernagar by holding that the same was devoid of any merit. Appeal filed by the petitioner against the same has been rejected in terms of order dated 19.07.2025 (Annexure P-8) and feeling aggrieved, the petitioner has approached this Court.

3. Learned counsel for the petitioner primarily argued that the delimitation process that has been undertaken with regard to Ward No.4, Salah is bad for the reason that after delimitation, the population of this ward is in excess of 2000, whereas, the population of other wards is much less as compared to this particular ward. Learned counsel further submitted that in the light of this fact, the development of this particular ward would be adversely affected as the funds allotted to this particular ward shall have to be spent upon a large population, as compared to other wards and this important aspect of the matter has not been taken into consideration either by the Deputy Commissioner or by the Appellate Authority. On this short count, he prayed for the setting aside of the orders under challenge. No other point was urged.

4. On the other hand, learned Additional Advocate General for the State as well as learned counsel for respondents No.4 and 5 have supported the orders passed by the Authorities and argued that the delimitation process was undertaken by taking into consideration the statutory requirements and the wards have been formed by taking into account the natural boundaries like river nallah etc., and if at this stage any interference is done by the Court and any modification is ordered, then, it would be impossible to maintain the formation of the wards in a harmonious manner.

5. Learned counsel for the State Election Commission has also pointed out that the present petition otherwise has lost its efficacy for the reason that in terms of Annexure P-1, the delimitation stood notified in the gazette on 04.07.2025, i.e., much before the passing of the order by the Appellate Authority. Accordingly, he prayed that as there is no merit in the present petition, the same be dismissed.

6. I have heard learned counsel for the parties and have also carefully gone through the pleadings including the orders under challenge.

7. When this case was listed on 04.11.2025, the following order was passed:-

“Heard for some time. Learned Counsel for the petitioner submits that as far as Ward No. 4 is concerned, after delimitation, population of that ward comes to around 2400 whereas population of other wards is between 1000 to 1400. This according to him is not in consonance with Rule 4 of the H.P. Municipal Council, Election Rules as amended from time to time, in terms whereof, as far as practicable, each ward shall have inter alia equal population.

List on 07.11.2025. Learned Deputy Advoc