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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Augustine George Masih, Ashok Kumar Verma, JJ.
Kulwinder Singh - Appellant
Versus
Union Of India & Ors. - Respondent
Civil Writ Petition No. 11619 of 2020, 12143 of 2020, 13143 of 2020, 13151 of 2020, 13560 of 2020, 14353 of 2020, 16979 of 2020, 14804 of 2020
Decided On : 25-01-2021
Delimitation - Municipal Wards - Census Act, 1948, Punjab Municipal Corporation Act, 1976 - Rules 3, 4, 8 of the 1972 Rules - The court dismissed the writ petitions challenging the delimitation of wards of various Municipal Councils in Punjab. The petitioners alleged violation of natural justice, arbitrary delimitation, and insufficient time for objections. The court found that the objections were duly considered, and the delimitation process was in accordance with the statutory rules. The court also held that interference in electoral matters after the commencement of the election process was impermissible under Article 243ZG of the Constitution. The court emphasized the limited scope of judicial review in administrative actions and found no arbitrariness, irrationality, bias, or mala fides in the respondents' actions.
Fact of the Case:
The petitioners challenged the delimitation of wards of various Municipal Councils in Punjab, alleging violation of natural justice, arbitrary delimitation, and insufficient time for objections. The court found that the objections were duly considered, and the delimitation process was in accordance with the statutory rules. The court also held that interference in electoral matters after the commencement of the election process was impermissible under Article 243ZG of the Constitution.
Finding of the Court:
The court found no merit in the submissions of the petitioners and dismissed the writ petitions, emphasizing the limited scope of judicial review in administrative actions and the impermissibility of interference in electoral matters after the commencement of the election process.
Issues: Violation of natural justice, arbitrary delimitation, insufficient time for objections, interference in electoral matters
Ratio Decidendi: The court emphasized the limited scope of judicial review in administrative actions and found no arbitrariness, irrationality, bias, or mala fides in the respondents' actions. The court also held that interference in electoral matters after the commencement of the election process was impermissible under Article 243ZG of the Constitution.
Final Decision: The court dismissed the writ petitions challenging the delimitation of wards, with no order as to costs.
JUDGMENT
Ashok Kumar Verma, J. - This order will dispose of CWP Nos.11619, 12143, 13143, 13151, 13560, 14353, 16979 and 14804 of 2020 as common questions of law and facts are involved in all the connected writ petitions. For the sake of brevity and convenience, the facts are being taken from CWP No. 11619 of 2020.
CWP Nos.11619, 12143, 13151, 13560, 14353 of 2020
2. In sum and substance, the petitioners have approached this Court through these writ petitions challenging the final notification dated 14.07.2020 issued by Department of Local Government, State of Punjab whereby the Delimitation Board has been constituted for the purpose of delimitation of wards of Municipal Councils of Zirakpur, Nawanshahr, Gobindgarh, District Fatehgarh Sahib, Moga and Lalru Tehsil Dera Bassi District S.A.S. Nagar (Mohali). However, this challenge has been given up by learned counsel for the petitioner(s) which is reflected from the order dated 18.9.2020 passed by this Court in this lead case i.e. CWP No.11619 of 2020 alongwith some other connected writ petitions. There is also a challenge to the notification dated 28.07.2020 (Annexure P-9), a proposed new ward notification of Municipal Councils/Corporations based on the delimitation inviting objections, has been published and there is also a challenge to the public notice (Annexure P-10), whereby the last date for receipt of objections to the draft notification (Annexure P-9) has been notified. There is also a challenge to the notification dated 21.11.2019 (Annexure P-4) in almost all the connected writ petitions, whereby the administrative boundaries of all the districts, tehsils, towns, villages, wards etc. in the State of Punjab shall stand frozen w.e.f. 01.01.2020 to 31.03.2021 as per the provisions of Census Rules, 1990 (Rules 8.iv) to the Census Act, 1948 as also all the pending proposals, if any, affecting changes in the existing boundaries of towns, revenue villages, tehsils, Community Development Blocks and Districts may, therefore, be finalized on or before 31st December, 2019 under intimation to the Director, Census Operation, Punjab, Chandigarh.
CWP No.13143 of 2020
3. Through this petition, the petitioners have challenged letter dated 24.7.2020 (Annexure P-9) whereby delimitation of wards scheme has been prepared and the letter dated 28.7.2020 (Annexure P-10) changing the period of freezing of the boundaries, letter dated 4.8.2020 (Annexure P-13) whereby the Committee has been constituted for the purpose of re-cast of boundaries/areas of the wards in Municipal Corporation, Hoshiarpur and the notification dated 18.8.2020 (Annexure P-15) which is said to be issued in violation of the letter dated 6.9.2019 (Annexure P-3) issued by Registrar General of Census Commissioner, India (respondent No.2). There is further prayer for a direction to the respondents to act upon the letter dated 6.9.2019 (Annexure P-3) as well as resolution unanimously passed by the Municipal Corporation dated 09.3.2020 (Annexure P-6) and further to conduct the coming elections as per the delimitation of wards which has already taken place on 27.11.2014 (Annexure P-1).
CWP No.16979 of 2020
4. In this petition, there is a challenge to the impugned notification dated 2.9.2020 (Annexure P-9) and communication dated 14.9.2020 (Annexure P-10) whereby the Delimitation Board has been constituted for delimitation of wards of Municipal Council, Derabassi, District S.A.S. Nagar.
CWP No.14804 of 2020
5. In this petition, there is a challenge to the preparation of Delimitation of Wards Scheme in Municipal Corporation, Bathinda as well as all other actions and steps undertaken by the respondents No.5 and 6 for the change of earlier delimitation of ward dated 23.12.2014 (Annexure P-1) as well as reservation in wards, letter dated 28.7.2020 (Annexure P-6) issued by respondent No.2 including the notification dated 18.8.2020 (Annexure P-7) issued by respondent No.3 and further to quash the draft notification dated 7.9.2020 (Annexure P-8
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