The main legal point established in the judgment is the interpretation of legal provisions related to the term of the Municipal Corporation, the constitution of the Delimitation Board, and the scope of judicial review in administrative actions.

JUDGMENT

Ashok Kumar Verma, J. CM No.12126 of 2020

This is an application filed under Order 6 Rule 17 read with Section 151 of the CPC for seeking leave to amend the writ petition in hand. CM is allowed as prayed for.

CM No.39 of 2021

This is an application filed under Section 151 of the CPC for placing on record the reply filed by respondent no.4. CM is allowed as prayed for.

1. Briefly, the facts culled out from the present amended writ petition are that the petitioners have approached this Court under Articles 226/227 of the Constitution of India for quashing the Notification dated 31.7.2020 (Annexure P-2) vide which the Delimitation Board has been constituted for fresh delimitation of wards of Municipal Corporation, SAS Nagar under the Delimitation of Wards of Municipal Corporation Order 1995 (for short 'Order of 1995'), which is said to be in violation of Clause 3 of the Order of 1995 as the Mayor, Senior Deputy Mayor or Deputy Mayor have not been made member of the Board and no Councillor of the Municipal Corporation has been made an associate member which is in violation of Clause 3 (2) of the Order of 1995 and the two nominated members who have been made members of the Delimitation Board are members of ruling political party and one of the nominated members is facing trial under Sections 302, 307, 326, 324, 201 and 34 of the Indian Penal Code read with Section 27 of the Arms Act 1959 vide FIR No. RC-9(S)/2012/CBI/SCB/CHG year 2012 dated 13.12.2012 registered with the SCB/CBI Chandigarh, in which final report (charge-sheet) dated 28.12.2013 (Annexure P-4) has been submitted before the Trial Court and there existed no circumstance as envisaged under Clause 4 of the Order of 1995 for the Constitution of the Delimitation Board. There is a further challenge to the notification dated23.3.2020 (Annexure P-7) issued by the Government of Punjab inasmuch as the term of the Municipal Corporation had not elapsed at the time of making the said notification and there existed no circumstances to dissolve the Municipal Corporation thereby the State of Punjab was not entitled to exercise the powers under Section 407-A of the Punjab Municipal Corporation Act 1976 (Punjab Act 42 of 1976) (for short 'Act of 1976') to pass the impugned notification dated 23.3.2020 (Annexure P-7). Further challenge is to the draft notification dated 23.10.2020 (Annexure P-11) issued by the Government of Punjab vide which objections have been invited against the Draft Scheme of Delimitation inasmuch as the constitution of the Board under the Order of 1995 is in violation of Clause 3 and Clause 3 (2) of the Order of 1995. There is also a challenge to the notification dated 5.11.2020 (Annexure P-19) issued by the Government of Punjab whereby draft of rules with respect to Municipal Corporation, SAS Nagar for division of wards and to determine the number of representatives to be elected from each such wards, has been issued.

2. Learned Senior counsel for the petitioners have, inter alia, made the following submissions :-

(i) It is argued that the term of the Municipal Corporation had not elapsed at the time of making notification dated 23.3.2020 (Annexure P-7) and there existed no circumstances to dissolve the Municipal Corporation and therefore, the State of Punjab was not entitled to exercise the powers under Section 407-A of the Act of 1976 to pass the impugned notification (Annexure P-7).

(ii) It has been argued that the notification dated 31.07.2020 (Annexure P-2) is in violation of Rule 3 of the Order of 1995, whereby Delimitation Board has been constituted by the State of Punjab without making Mayor, Senior Deputy Mayor and Deputy Mayor as the member of the Delimitation Board and 5 Councillors as associate members,

(iii) It is argued that two nominated members, namely, Kuljit Singh Bedi-respondent no.6 and Amarjit Singh-respondent no.7 have been wrongly nominated as members in the Delimitation Board since respondent no.6-Kuljit Singh Bedi belongs to the Ruling P