Judicial intervention in electoral matters post-notification is barred under Article 243ZG of the Constitution to uphold electoral integrity.

1. This order shall govern the disposal of above mentioned both the writ petitions filed by the same petitioner regarding dispute relating to the Morena Municipal Corporation, the process by which its wards were constituted and against the notification issued to hold the elections of such Municipal Corporation.

2. Petitioner, by stating himself to be a Journalist and correspondent of Punjab Kesari newspaper has filed Public Interest Litigation petition (Writ Petition No.4598/2015) for issuance of appropriate writ against the authorities of the respondents for the following reliefs: “That, by way of present petition, the petitioners pray that this Hon'ble Court be pleased to direct the respondents to cure the illegality in declaration of Reserved wards & to undertake the process in strict compliance of Madhya Pradesh Nagar Palika (Anusuchit Jati, Anusuchit Janjati, Pichchda Varg Evam Mahilaon Ke Liye Wardon Ka Arakshan) Niyam, 1994 & the Resp No.3 be directed not to declare the Election program till the process in accordance thereof is completed.”

3. Such petitioner has also filed another Public Interest Litigation petition (WP 4723/2015) for issuance of appropriate writ against the authorities of the respondents for the following reliefs: “That, by way of present petition, the petitioners pray that this Hon'ble Court be pleased to direct the respondents to cure the illegality in declaration of Extent of Municipal wards & the severe illegality in preparation of the same & to undertake the process in strict compliance of Madhya Pradesh Municipal Corporation Extent of wards R.1994 & then undertake the proposed elections & the enquiry be directed against the erring officials.”

4. Petitioner's counsel after taking us through the pleadings of both the writ petitions and annexed documents argued that before issuance of notification to hold elections of the Municipal Corporation, Morena, constitution of the wards were not carried out in accordance with R.3 of the Madhya Pradesh Municipal Corporation (Extent of Wards ) Rules, 1994 [for brevity, the “Rules”], the mandatory provisions of Art.243S of the Constitution of India had also not complied with by the authorities while formation of the wards of Municipal Corporation. In such backdrop, by referring Schedule 3, a part of Annexure R / 4 filed with WP 4723/2015, he said that the wards of the Municipal Corporation, Morena, i.e. 47 in number have not been constituted by declaring the equal population of each ward with either side variation of 15% provided under sub-rule (2) of R.3 of the Rules. In continuation, he said that against the proposal of constitution of wards in the aforesaid manner, on filing the objections of the persons of the town, the same were not considered in accordance with law and such proposal was finalized. In response of some specific query of the Court, petitioner's counsel has categorically conceded that against the aforesaid proposal of constitution of the wards, the present petitioner has not filed any objection under R.8 of the Rules before the authority within the time prescribed. In continuation, he said that in view of settled proposition, there is no absolute bar to entertain and decide these petitions in spite the provisions of Art.243ZG of the . In support of such contention, he has also placed his reliance on some reported cases along with on an unreported order of the Division Bench of this Court. In continuation, he said that as per the provisions of the Rules and the Act, the Collector was not competent a