JUDGMENT :

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned notification of the 2nd respondent dated 07.03.2019 bearing Ref. No.G.O.Ms.No.50/LAS/2019, Puducherry and quash the same and consequently, direct the respondents 1 – 4 to consider the representation and the recommendation of the 5th respondent dated 01/07/2021 and to retain Pudhumani Street, Rice Mill Street, Madarasha Street, Old Ambagarathur Pet and Colony Street, Thalaiyari Street, Thalayari Lane and Kandhankudy Salai of Ambagarathur Village in the Ambagarathur Village Panchayat for the purposes of civil elections.)

1. The present writ petition questions the impugned delimitation notification issued by the second respondent dated 07.03.2019 and for a consequential direction to consider the representation made by the petitioners and also the recommendation made by the 5th respondent and retain the concerned streets and lanes in Ambagarathur Village Panchayat.

2. The local body elections were held in the Union Territory of Puducherry in the year 2006. The period came to an end on 13.07.2011. The State Election Commission issued a notification on 27.09.2012 for the purpose of holding the local body election in January 2013 on the basis of the delimitation that was carried out in the year 1995, which in turn was based on the population shown under the 1991 census.

3. A writ petition came to be filed before this Court questioning the election notification on the ground that there has been a substantial increase in population after the 1991 census and hence a direction was sought for before this Court to carry out delimitation of the Wards afresh and thereafter conduct elections. The writ petition in W.P.No.30477 of 2012 was disposed of by this Court by an order dated 13.12.2012 by issuing directions for delimitation of the Wards.

4. The said order was also confirmed by the Hon'ble Supreme Court and the Hon'ble Supreme Court directed the process of delimitation to be completed within a period of two months from 14.12.2012.

5. Pursuant to the above orders, a Delimitation Committee was constituted on 22.05.2013 and after meeting the Commissioners of Commune Panchayats and after eliciting their views, a draft notification of delimitation of Village Panchayat Wards and Commune Panchayat Wards was published on 28.01.2016. The draft notification was also published on 01.02.2016 in the Official Gazette.

6. On 07.03.2019, delimitation of Municipal Wards and Panchayat Wards was notified in G.O.Ms.No.49 and G.O.Ms.No.50 and it was also published in the official gazette.

7. In the meantime, a contempt petition was moved before the Hon'ble Supreme Court on the ground that the delimitation process was not completed on time and the elections were not conducted. The Hon'ble Supreme Court, by an order dated 05.04.2021, directed that the election to the local bodies in the Union Territory of Puducherry should be conducted within a period of four months after completion of delimitation process. The delimitation process that was referred by the Hon'ble Supreme Court pertained to some errors, which had occurred in respect of certain Wards, when the notification was published on 07.03.2019 and for the purpose of correcting these errors, necessary amendment notifications were issued calling for objections. This was directed to be completed within a period of two months.

8. Pursuant to the above order passed by the Hon'ble Supreme Court, the final amendment notifications were issued through Government Orders dated 04.06.2021 and the same was also published in the Official Gazette.

9. A representation was given by the residents of Ambagarathur, Tirunallar Commune Panchayat to the effect that some of the streets and lanes belonging to the Ambagarathur village panchayat