In the High Court of Punjab and Haryana at Chandigarh Reserved on: 12.12.2024 Date of Decision: 07.1.2025 Sandeep Singh ......Petitioner Versus State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE KIRTI SINGH Argued by: Mr. Tejbir Singh, Advocate for the petitioner.

Mr. Maninder Singh, Sr. DAG, Punjab.

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SURESHWAR THAKUR , J.

1. Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for setting aside the Wardbandi (delimitation) of the wards of Municipal Council, Dharamkot dated 21.11.2024 (Annexure P-5), as the wardbandi (delimitation) has been done without following the due procedure as prescribed under the Municipal Municipal Act, 1911 (for short ‘the Act of 1911’), besides the same breaching the procedure prescribed in the Delimitation of Wards of Municipalities Rules, 1972 (for short ‘the Rules of 1972’).

Submissions of the learned counsels for the petitioner.

2. The learned counsel for the petitioner(s) submits, that the impugned de-limitation notification(s) are illegal, arbitrary and against the principles of natural justice, besides breach the Rule of audi alteram partem. Moreover, he submits that the impugned notification(s) transgresses the

2025.01.09 12:14 mandatory provisions of the Rules of 1972. The allegedly breached provisions occurring in the aforesaid Rules, are extracted hereinafter.

“3. Constitution of Board :- (1) For the purposes of carrying out the provisions of these rules, the Government shall constitute a Delimitation Board for each Municipality consisting of the following members namely:-

(i) The Deputy Commissioner of the District in which the Municipal Council/Nagar Panchayat is situated or any other officer nominated by him in this behalf;

(i) (a) Member of the Punjab Legislative Assembly representing the concerned Municipality.

(ii) Sub-Divisional Officer;

(iii) The Deputy Director, Local Government of the Region concerned;

(iv) The President or Administrator of the Municipal Council or Nagar Panchayat concerned; and (v) Executive Officer of the Municipal Council or Nagar Panchayat concerned.

(vi) Two members nominated by the Government by notification.

(2) The Board shall associate with itself for the purpose of assisting it in its day to day functioning not more than five members of the Municipality having due regard to the representation of various political parties and groups in the composition of the Municipality. The names of associate members shall be sponsored to the Director by the Executive Officer of the concerned Municipality in consultation with the concerned Deputy Commissioner. This provision shall not, however, apply in the case of a dissolved Municipality.

4. Functions of the Board :- It shall be the duty of the Board-

(i) to divide the Municipality into such number of wards as may be necessary, having regard to the number of elected members prescribed by the State Government, for the Municipality, and the number of seats reserved for members of the Scheduled Cases, Backward Classes and women.

(ii) to re-adjust the wards as and when the limits of the Municipality are altered or there is increase in population of the Municipality or there is abnormal variation in population or voting figures of some of the wards of the Municipality, which requires, such re-

adjustment.

5. xxxx

6. Principles for Delimitation of Wards of Municipality :- The following principles shall be observed by the Board in the delimitation of wards of a Municipality, namely: -

(a) All wards shall, as far as practicable, be geographically compact areas, and in delimiting them due regard shall be had to physical features, existing boundaries of administrative units, if any, facilities of communication and public convenience;

(b) Each Municipality shall be divided into wards in such manner that the population of each ward, as far as practicable, is the same throughout the Municipality, with a variation upto ten per cent, above or