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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA, JJ.
Devinder Singh Negi – Appellant
Versus
State of Himachal Pradesh and Others – Respondents
CWP No. 13810 of 2025
Decided On : 05-12-2025
| Table of Content |
|---|
| 1. delimitation notifications and petitioner's objections chronology. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. government proposals address rule 9(2) difficulties. (Para 12 , 13 , 14) |
| 3. amendment violates constitutional population ratio mandate. (Para 15 , 16 , 17 , 18 , 19) |
| 4. amendment ensures administrative convenience and due process. (Para 20 , 21 , 22 , 23 , 24) |
| 5. panchayat delimitation statutory and constitutional provisions. (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 6. amended rule impedes equal population ratio. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 7. manifest arbitrariness invalidates subordinate legislation. (Para 41 , 42 , 43 , 44) |
| 8. rule causes irrational population disparities in wards. (Para 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57) |
| 9. judicial review permitted for arbitrary delimitation. (Para 58 , 59 , 60 , 61 , 62) |
| 10. no election bar allows court intervention. (Para 63 , 64 , 65 , 66) |
| 11. amendment quashed as arbitrary and unconstitutional. (Para 67 , 68 , 69 , 70 , 71 , 72 , 73) |
JUDGMENT :
VIVEK SINGH THAKUR, J.
1. Petitioner, by invoking jurisdiction of this Court under Article 226 of Constitution of India, has filed present petition seeking following substantive reliefs:
“(i) That the amendment of Rule 9(2) of the Election Rules notified on 08.01.2025 (Annexure P-4) and final notification of the amended Election Rules as published in Rajpatra (E-Gazette) on 15.02.2025, notification dated 01.05.2025 (Annexure P-6), notification dated 17.05.2025 (Annexure P-7), notification dated 31.05.2025 (Annexure P-9) may be quashed and set aside;
(ii) That the impugned order dated 24.06.2025 (Annexure P-12) passed by respondent No.4 in appeal may also be quashed and set aside;
(iii) That the respondents may be directed to hold elections for Zila Parishad Shimla on the basis of delimitation of constituencies already existing before the above amendment of Election Rules, and to comply with the mandate of the Constitution withing the time frame.”
2. Vide notification dated 08.01.2025 (Annexure P-4), objections/suggestions were invited by publishing proposed amendment in Himachal Pradesh Panchayati Raj (Election) Rules, 1994 (in short ‘Election Rules’), including proposal for amendment in Rule 9(2) of Election Rules. Proposed amendment in Election Rules was notified vide Notification dated 11.02.2025 (Annexure P-5). All amendments made in the Election Rules, except amendment in Rule 9(2) of Election Rules, were enforced from 15.02.2025, however, amendment in Rule 9(2) of Election Rules was given effect w.e.f. 01.05.2025 vide Notification dated 01.05.2025 (Annexure P-6).
3. Vide Notification dated 17.05.2025 (Annexure P-7), draft of delimitation of territorial constituencies (Wards) of Zila Parishad, Shimla, was notified, inviting objections on or before 23.05.2025, if any, from public at large.
4. Petitioner preferred objections (Annexure P-8) on 22.05.2025 to Notifications dated 28.01.2025, 11.02.2025, 21.02.2025, 03.05.2025 and 17.05.2025 issued regarding delimitation of Wards of Zila Parishad in District Shimla.
5. Respondent No.3-Deputy Commissioner, Shimla, vide Notification dated 31.05.2025 (Annexure P-9), notified the final delimitation of territorial constituencies (Wards) of Zila Parishad, Shimla, with observation that said finalization was done after taking into consideration objections and suggestions received after publication of draft Notification dated 17.05.2025 (Annexure P-7).
6. On 06.06.2025, by submitting an application (Annexure P- 10) to District Panchayat Officer, Shimla, petitioner requested to supply copy of order passed by Deputy Commissioner, Shimla, with respect to the objections filed by the petitioner and to supply the copy of final Notification.
7. Superintendent Grade-II of office of District Panchayat Officer, Shimla, in response to the application filed by the petitioner, supplied a copy of the final Notification with observation that, however, no
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