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2026 Supreme(Online)(Raj) 10123

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR
HEMANT RAJAK – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 15524 / 2025



[2026:RJ-JD:14148]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15524/2025 Hemant Rajak S/o Shri Madan Lal Rajak, Aged About 43 Years, R/o Bohra Sadan, Near Pawan Hotel, Rajnagar, District Rajnagar. At Present Ward Member Of Ward No. 39, Nagar Palika, Rajsamand.

----Petitioner Versus

1. State Of Rajasthan, Through The Director And Special Secretary, Local Self Government, Government Of Rajasthan, Jaipur.

2. The District Collector, Rajsamand.

3. The Municipal Council, Rajsamand Through Its Commissioner.

----Respondents For Petitioner(s) : Mr. Abhimanyu Khatri For Respondent(s) : --

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

25/03/2026 By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“It is, therefore, respectfully prayed that your Lordship may be pleased to allow this writ petition and by an appropriate writ, order or direction; -

(a) Quash and set aside the impugned order dated 27.03.2025 (Annex.5) issued by the District Collector, Rajsamand by which the formation the Municipal Council, Rajsamand has not made as per guidelines issued by the department vide order dated 22.11.2024 (Annex.2).

(b) Respondents may kindly be directed to consider and decision the Objections cum representations Annex.8 raised by petitioners and other aggrieved persons in accordance with law and communicate its outcome to the petitioner.

(c) Any other appropriate order which deemed just and in the facts proper and circumstances of the case may kindly be also passed; and (d) the petitioners may kindly be allowed the costs of writ petition.”

2. Learned counsel for the petitioner submits that the controversy with regard to the change of boundaries of Municipal Wards in absence of change of census or change in the number of Wards or change in the territorial boundaries of the Municipality has already been set to rests by the Hon’ble Division Bench of this Court at Jaipur in a batch of writ petitions led by D.B. Civil Writ Petition No.7718/2025 titled as ‘Sheela Kumari v. State of Rajasthan & Ors.’ decided on 18.11.2025.

The directions issued by the Hon’ble Division Bench of this Court at Jaipur in the case of Sheela Kumari (supra) are reproduced below for ready reference:

“224.1 In view of the adjudication made and conclusion drawn in Part-A of the judgment, the writ petitions challenging the final notifications issued under Section 3 of the Act of 2009 as well as Section 101 of the Act of 1994, are dismissed.

224.2 In view of the adjudication made and conclusion drawn in Part-B of the judgment, D.B. Civil Special Appeal (Writ) No.831/2025 (State of Rajasthan and Ors. Vs. Dhanna Ram and Ors.) and other special appeals challenging the interim order dated 23.05.2025 to the extent of Para 7 & 8 of the same, are allowed.

All the writ petitions challenging the process of delimitation initiated in pursuance of the notices issued under Section 101 of the Act of 1994, are dismissed.

It is directed that the concerned District Collectors shall send the proposal for delimitation to the state Government and the three members high-level committee constituted for the purpose of examining the same, shall take final decision upon the proposals for delimitation so sent by the concerned District Collectors in an objective manner. The State Government shall complete the entire exercise of delimitation on or before

31.12.2025.

224.3 In view of the adjudication made and conclusion drawn in Part-C of the judgment, the writ petitions challenging the process of delimitation/change of boundaries of the municipal wards in absence of change of census or change in the number of wards or change in the territorial boundaries of the municipality, are allowed. The respondents are directed not to effect any change in the internal boundaries of the municipal wards in such cases.

Consequently, D.B. Special Appeal (Writ)

No.1005/2025 (State of Rajasthan & Ors. Vs Narayan Singh Solanki & O

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