CWP No. 21691 and 21936-2021

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

1.

CWP No. 21691-2021

Shiv Kumar

...Petitioner

versus

Chief Electoral Officer & others

...Respondents

2.

CWP No. 21936-2021

Shakeel Mohamad

...Petitioner

versus

Chief Electoral Officer & others

...Respondents

Date of decision : 23.11.2021

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Shiv Kumar, petitioner in person in CWP No. 21691-2021 and

for the petitioner in CWP No. 21936-2021

Mr. Chetan Mittal, Sr. Advocate with

Mr. Anil Mehta, Advocate and Mr. Mayank Sharma, Advocate

for respondent Nos. 1 to 3.

Mr. Naman Jain, Advocate

for respondent No. 4-Municipal Corporation, Chandigarh

Mr. Gaurav Chopra, Sr. Advocate with

Mr. Anurag Chopra, Advocate and Mr. Rishabh Bajaj, Advocate

for respondent No. 5

****

RITU BAHRI , J.

C.M. No. 17479-2021 in CWP No. 21691-2021

Application is allowed as prayed for.

Accordingly, affidavit of Nitin Kumar Yadav, IAS, Secretary,

Local Government, U.T. Chandigarh along with Annexure R-3/1 to R-3/8

GAURAV ARORA

2021.12.07 16:20

I attest to the accuracy and

integrity of this document

Chandigarh

CWP No. 21691 and 21936-2021

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are taken on record.

CWP No. 21691 and 21936 of 2021

Issue notice of motion.

On asking of the Court, Mr. Anil Mehta, Advocate and Mr.

Naman Jain, Advocate, accepts notice on behalf of respondent Nos. 1 to 3

and respondent No. 4 respectively.

C.M. No. 16997-2021 in CWP No. 21691-2021

Issue notice of the application.

On asking of the Court, Mr. Shiv Kumar, Advocate, Mr. Anil

Mehta, Advocate and Mr. Naman Jain, Advocate, accepts notice on behalf

of petitioner, respondent Nos. 1 to 3 and respondent No. 4 respectively.

The present application is allowed subject to all just exceptions

and accordingly, the applicant is impleaded as respondent No. 5 in the

present petition i.e CWP No. 21691-2021. Amended memo of parties is

taken on record.

CWP No. 21691 and 21936 of 2021

This order shall dispose of the above two writ petitions as

common question of facts are involved in the above petitions wherein

petitioners have filed the petitions under Articles 226/227 of the

Constitution of India for issuance of writ of certiorari/mandamus for setting

aside order dated 19.10.2021 ( Annexure P-8 in both the petitions) passed

by respondent No. 2 with regard to reservation of wards for Scheduled

Caste and Women Candidates for the election of Councillors of Municipal

Corporation, Chandigarh. Further prayer of the petitioners is for issuance of

direction to respondent Nos. 1 and 2 to reconsider the reservation of wards

GAURAV ARORA

2021.12.07 16:20

I attest to the accuracy and

integrity of this document

Chandigarh

CWP No. 21691 and 21936-2021

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after excluding the population of the colonies not existing

presently/demolished/ partly demolished and to issue fresh order for

reservation of 7 wards.

For facility of reference, the facts are being taken from CWP

No. 21691-2021.

Brief facts of the case are that petitioner-Shiv Kumar is a

resident of Sector 42, Chandigarh and is registered voter in ward No. 24.

Copy of voter card of the petitioner is Annexure P-1. Respondent No. 3

issued a notification dated 25.10.2006 (Annexure P-2) whereby 26 Nos. of

wards were determined. Subsequently, respondent No. 3, vide notification

dated 30.12.2020 (Annexure P-3) again determined the wards of the

Municipal Area of Municipal Corporation, Chandigarh for the purpose of

election of Councillors. Accordingly, the wards of Municipal Area were

increased from 26 to 35. Another notification No. 4719 dated 28.04.2021

(Annexure P-4) was issued by respondent No. 3, whereby number of wards

were fixed to 35. Vide notification No. 4733 dated 28.04.2021 (Annexure

P-5), 07 seats were reserved for members of Scheduled Caste to be filled by

direct election. Vide notification No. 4740 dated 28.04.2021 (Annexure P-

6), 12