Once the election process is initiated by declaration of the election programme by the State Election Commission, courts are barred from interfering under Article 243-ZG of the Constitution of India.

Order

21/08/2026 Reportable

1. Since a common question of law and facts is involved in all these writ petitions, which pertain to the lottery process initiated by the respondents for the purpose of reservation of seats in the forthcoming Rajasthan Municipal Elections, with the consent of learned counsel for the parties, the arguments in both the writ petitions were heard together and the same are being decided by this common order. For the sake of convenience, the facts relating to S.B. Civil Writ Petition No. 20557/2026 are being taken

(D.B. SAW/972/2026 has been filed in this matter. Please refer the same for further orders)

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[2026:RJ-JD:41599] (3 of 11) [CW-20557/2026] into consideration, which has been preferred with the following

prayer:

"It is therefore most humbly prayed that this writ petition may kindly be allowed :

a) That by an Order, Writ or Direction may kindly be issued for quashing and setting aside the impugned Letter dated 17.08.2026 and relevant part of the draw of re-lottery (Annexure-9) Colly. Issued by the District Election Officer cum District Collector, Jalore. b) That by an Order, Writ or Direction may kindly be issued for quashing and setting aside the impugned Letter dated 17.08.2026 (Annexure-10) as issued by the District Election Officer cum District Collector,

Jalore.

c) Any other Order or direction, which this Hon'ble Court deems just and proper may also be granted in

favour of the petitioner."

2. Learned counsel appearing for the petitioners submits that, as per the provisions contained in the Rajasthan Municipalities Election Rules, a list was prepared and lotteries were drawn for the purpose of category-wise reservation of seats in the municipalities. Learned counsel submits that, all of a sudden, without any notice to the petitioners, a fresh exercise was

undertaken and the earlier order was changed.

3. It is further submitted that now the reservation policy has not been applied in proportion to the population, as per the census of the concerned area. Hence, there is no justification for such unequal distribution of reservation amongst the municipalities. Learned counsel submits that, till date, the election process has not been initiated and only a Model Code of Conduct has been issued by way of a press note. It is, therefore, submitted that this Court can interfer with the impugned arbitrary action of the

respondents.

4. Learned counsel submits that unless and until a notification is issued by the State Election Commission, it cannot be presumed

(D.B. SAW/972/2026 has been filed in this matter. Please refer the same for further orders)

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[2026:RJ-JD:41599] (4 of 11) [CW-20557/2026] that the election process has commenced so as to bar the judicial interference. Hence, in the facts and circumstances of the case, it is contended that this Court would be justified in exercising its jurisdiction and interfering with the impugned action of the

respondent.

5. Learned counsel for the petitioners further submits that, in terms of Rule 10 of the relevant Election Rules, the election process commences from the date of issuance of the notification

and not from the date of declaration of the election programme.

6. Per contra, learned counsel appearing for the respondent- State opposes the prayer and taken a preliminary objection about the maintainability of the petition, in terms of the mandate contained under Article 243-ZG of the Constitution of India. He submits that after initiation of the election process, this Court has

no jurisdiction to interfere with the election process.

7. Learned counsel submits that the Rajasthan State Election Commission, Rajasthan, has already declared the election programme vide order dated 19.08.2026 for conducting municipal elections in 309 different municipalities of the State of Rajasthan. It is submitted that the declaration of the dat