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2026 Supreme(Raj) 490

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SANDEEP SHAH, JJ.
Vikas Manch, Registered Political Party, Through President Lalit Kishore Jhanwar, S/o. Shyam Lal Jhanwar – Petitioner 
Versus
State of Rajasthan, Through Secretary, Local Self Department – Respondent 
D.B. Civil Writ Petition No. 752 of 2026
Decided On : 06-03-2026

Advocates Appeared:
For the Petitioner: Mr. Harshit Bhurani, with Mr. Manish Patel.
For the Respondent:Mr. Rajesh Panwar, Sr. Advocate & AAG assisted by Mr. Ayush Gehlot.

JUDGMENT :

Pushpendra Singh Bhati, J.

1. The petitioners have preferred the present writ petition claiming the following reliefs:

“It is, therefore, most respectfully prayed on behalf of the Petitioners that:-

a) by an appropriate writ, order or direction; the notification dated 01.09.2025 published in Gazette on 15.09.2025 (Annex.-6) may kindly be quashed and set aside.

b) by an appropriate writ, order or direction; the Respondents are directed to withdraw the notification dated 01.09.2025 in light of judgment passed by this Hon’ble High Court in the case of “Vikas Manch Vs. State of Rajasthan & Ors.” bearing no. SBCWP No.12732/2025.

c) by an appropriate writ, order or direction; issue an appropriate writ, order or direction in the nature of certiorari, thereby quashing the draft notification dated 27.03.2025 issued by the District Election Officer-cum- District Collector, Bikaner (Annex.-4), proposing the reconstitution of wards in the municipal area of Nokha, District Bikaner;

d) by an appropriate writ, order or direction; Declare the entire exercise of constitution/reconstitution of wards for the Municipal Board of Nokha undertaken pursuant to the Circular dated 13.02.2025(Annex.-3) and culminating in the impugned draft notification as unwarranted, ultra vires, arbitrary, and without jurisdiction, and consequently set aside the same in its entirety;

e) by an appropriate writ, order or direction; Direct the respondents not to proceed further with any steps pursuant to the impugned notification dated 01.09.2025 (Annex-6.) or take any further action for reconstitution of wards in the absence of a delimitation exercise in accordance with law.

f) by an appropriate writ, order or direction; until and unless the objections of the Petitioners have not been decided, a final publication of Reorganization of Wards may not be issued.

g) Costs of the writ petition may kindly be awarded to the Petitioner.”

2. The petitioner No.1 is a registered political party and petitioner No.2 is stated to be a social and political worker of Nokha, District Bikaner. The present writ petition concerns the reorganization and territorial structuring of wards of Municipal Board, Nokha, District Bikaner.

2.1. Municipal Board, Nokha was constituted in the year 1952 and presently consists of 45 wards. Earlier, the number of wards stood at 35 and, pursuant to a delimitation exercise undertaken in the year 2019–2020 on the basis of Census 2011 figures, the number of wards was increased to 45. Elections to the Municipal Board were thereafter conducted in the year 2021.

2.2. On 22.11.2024, a notification under Section 6 of the Rajasthan Municipalities Act, 2009 was issued. Subsequently, on 13.02.2025, the State Government issued guidelines prescribing norms for ward reorganization and delimitation. Thereafter, a communication dated 27.03.2025 was issued prescribing a schedule for inviting objections and undertaking ward reorganization in various municipalities, including Nokha. Objections were invited from the public pursuant to the draft proposal.

2.3. The petitioners earlier preferred S.B. Civil Writ Petition No.12732/2025 challenging the draft proceedings relating to ward reorganization. The said writ petition was decided by this Court on 14.11.2025.

2.4. During the interregnum, a notification dated 01.09.2025, which was published in the Gazette on 15.09.2025, came to be issued in relation to the reconstitution/reorganization of wards of Municipal Board, Nokha. A representation dated 20.12.2025 was thereafter submitted by the petitioners to the competent authority.

2.5. Aggrieved by the notification dated 01.09.2025 and the preceding draft notification dated 27.03.2025, the petitioners have preferred the present writ petition under Article 226 of the Constitution of India.

3. Learned counsel appearing for the petitioners submitted that the impugned Notification dated 01.09.2025, whereby wards of Municipal Board, Nokha have been reorganized and reconstituted, is illegal, arbi

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