Delimitation exercises must adhere strictly to statutory provisions to ensure free and fair elections; failing to do so constitutes a colorable exercise of power.

JUDGMENT

Harpreet Singh Brar, J. - By this common order, four writ petitions, details of which have been given in the head note, are being disposed of, as the issue involved in all the writ petitions is identical. However, facts are being enumerated from CWP No.7548 of 2023 with the consent of all the parties.

1.1. Prayers as culled out from the prayer clause of all writ petitions are as under:-

CWP No.7548 of 2023

(i) To set aside the process of wardbandi of the wards of Municipal Council-Dera Baba Nanak, District Gurdaspur and draft notification issued in this regard vide notice dated 22.12.2022 (Annexure P-5) as the said process was done without following the due procedure as prescribed under the Municipal Act, 1911 (hereinafter referred to as the Municipal Act) and the DELIMITATION OF WARDS OF MUNICIPALITIES RULES , 1972 (hereinafter referred to as the Rules of 1972).

(ii) To direct respondents to withdraw the publication dated 22.12.2022 (Annexure P-5) whereby objections qua fresh delimitation have been sought and to conduct elections as per the figures of delimitation exercise carried out in the year 2021.

(iii) To restrain the respondents from finalizing the delimitation exercise and conducting elections during the pendency of the present writ petition.

CWP No.17204 of 2023

(i) To quash notification dated 25.05.2022 (Annexure P-5) issued by respondent No.3 vide which Delimitation Board has been constituted for the purpose of delimitation of wards of Municipal Council, Dharamkot, District Moga, being issued in violation of Rule 3 of the Rules of 1972 and order dated 28.07.2020 (Annexure P-2) issued by respondent No.2 as well as the notification dated 18.08.2020 (Annexure P-3) issued under Rule 8 (iv) of the Census Rules, 1990 by respondent No.3 whereby administrative boundaries of all the wards in the State of Punjab have been frozen w.e.f. 31.12.2020 till the completion of census as per the provisions of the Census Act, 1948.

(ii) To quash draft Scheme dated 22.12.2022 and public notice dated 23.12.2022 (Annexure P-6) issued by respondents No.3 & 5 respectively on the ground that the process of delimitation as undertaken by respondent No.6 in pursuance of notification dated 25.05.2022 (Annexure P-5) is in violation of provisions of Rules 3, 4, 6 and 8 of the Rules of 1972 and notification dated 18.08.2020 (Annexure P-3) issued under Rule 8

(iii) of the Census Rules, 1990, which places an embargo on changing the administrative boundaries from 31.12.2020 till the completion of census.

(iv) To quash notification dated 18.01.2023 (Annexure P-12) whereby Rules/Scheme has been prepared by respondent No.3 for dividing Nagar Council, Dharamkot, District Moga in wards and each ward for fixing of number of members to be elected from each ward as well as notifications dated 19.01.2023 (Annexure P-13) and 18.01.2023 (Annexure P-14).

(v) To direct respondents to maintain administrative boundaries of all the wards of respondent No.5-Municipal Council as stood prior to the notification dated 25.05.2022 (Annexure P-5) and comply with the notification dated 18.08.2020 (Annexure P-3) issued under Rule 8 (iv) of the Census Rules, 1990.

(vi) To stay the operation of the impugned notifications dated 25.05.2022 (Annexure P-5), 18.01.2023 (Annexure P-12), 19.01.2023 (Annexure P-13) and 18.01.2023 (Annexure P-14) and further restrain the respondents from taking any action qua delimitation and re-adjustment of wards of respondent No.5- Municipal Council.

CWP No.15263 of 2023

(i) To quash the illegal appointment of respondents No.5 and 6 as members of the Delimitation Board for Jalandhar M