HARSIMRAN SINGH SETHI, J. (Oral)

1. Present bunch of four writ petitions, the details of which are mentioned in the heading, involve common point of law and common set of facts, hence, they are being dealt together. For the sake of convenience, the facts are being taken from CWP No.15457 of 2026.

2. In the present bunch of petitions, the challenge is to the Final Notification dated 11.05.2026 (Annexure P-2) issued by Department of Local Government, Punjab by which certain Wards of the Municipal Councils, which are going for elections scheduled for 26.05.2026, have been reserved for Scheduled Castes and Backward Classes.

3. Learned counsel for the petitioner(s) have argued before this Court that for reservation of Wards in favour of the reserved categories of Scheduled Castes and Backward Classes, a notification was issued by the Department of Local Government of the State reserving the Wards in various Municipal Councils vide Notification dated 16.04.2026, but the same has now been superseded wherever required, by Notification dated 11.05.2026 while deciding certain representations received by the Government objecting to such reservation made vide Notification dated 16.04.2026.

4. Learned counsel for the petitioner(s) argue that after the issuance of the Notification dated 11.05.2026, the net result is that the Wards which were reserved for the Scheduled Castes/Backward Classes in the previous elections have been reserved again, rather than reservation being rotated to other wards, which is contrary to the mandate of the Rules and, therefore, the respondents are liable to be directed to withdraw the Notification dated 11.05.2026 and to implement the reservation of Wards of the various Municipal Councils as done vide Notification dated 16.04.2026.

5. Reliance is being placed upon Rule 6(c), (d) and (e) of the Delimitation of Wards of Municipalities Rules, 1972 (hereinafter referred to as “1972 Rules”) by the learned counsel for the petitioners to contend that rotation of the reserved Wards after an election is conducted based upon such reservation, is compulsory in view of the word used “shall”, and therefore, reserving the same Ward for the reserved categories of Backward Classes and Scheduled Castes, which was reserved in the last elections, is contrary to the 1972 Rules and therefore the Notification dated 11.05.2026 cannot be sustained. Hence, the Notification dated 11.05.2026 may kindly be set aside and the forthcoming elections of the Municipal Councils should be conducted on the basis of reservation of wards already notified on 16.04.2026.

6. Notice of motion.

7. Mr. Jastej Singh, Addl. A.G., Punjab accepts notice on behalf of the respondent-State. Mr. Sarbuland Singh Mann, Advocate in CWP No.15485 of 2026 and CWP No.15260 of 2026 accepts notice on behalf of respondent No.5 and Mr. D.S Randhawa, Advocate in CWP No.15457 of 2026 accepts for respondent No.6 by filing his memo of appearance. The same is taken on record.

8. Learned counsel for the respondent(s) submits that there is no dispute with the factual aspect that the Wards which were reserved in the previous elections for the reserved categories of Scheduled Castes and Backward Classes have again been reserved vide Notification dated 11.05.2026 by amending the Notification dated 16.04.2026 wherever required keeping in view the representations received. However, the Notification dated 16.04.2026 has been amended vide Notification dated 11.05.2026 keeping in view various representations received from different quarters of residents of various Municipal Councils, wherein it has been pointed out that in the Wards reserved as per Notification dated 16.04.2026, the population of the reserved categories is comparatively very low as compared to the other Wards which have now been reserved vide Notification dated 11.05.2026.

9. Learned counsel for the respondent(s) further submits that though it is a conceded fact that under the 1972 Rules, particularly Rule 6(c), (d) and (e