Rajesh Kumar Sharma vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 401

RAJ MOHAN SINGH, HARPREET SINGH BRAR
Rajesh Kumar Sharma – Appellant
Versus
State of Punjab – Respondent

Advocates appeared:
Mr. N.K. Verma, Advocate and Mr. Ankush Verma, Advocate for the appellant in CWP No.7548 of 2023.; Mr. G.S. Bhatia, Advocate for the appellant in CWP No.17204 of 2023. Mr. H.P.S. Ishar, Advocate, Mr. Parminder S. Vig, Advocate and Mr. Amrit Pal Singh Sodhi, Advocate, for the appellant in CWP No.15263 of 2023, Mr. Gourave Bhaiyya Gilhotra, Advocate, Mr. Akash Manocha, Advocate and Mr. Hitesh Verma, Advocate for the appellant in CWP No.16079 of 2023, Mr. Sanjeev Soni, Addl. A.G., Punjab. Mr. D.V. Sharma, Sr. Advocate with Mr. Arshdeep, Advocate for respondents No.1 to 5 in CWP No.7548 of 2023., for respondents No.3 to 6 in CWP No.17204 of 2023. for respondents No.1 to 4 in CWP No.15263 of 2023., for respondents No.1 to 6 in CWP No.16079 of 2023., Ms. Sharmila Sharma, Advocate, for respondents No.1 and 2 in CWP No.17204 of 2023.

Table of Content
1. delimitation petitions raised issues of illegality. (Para 1 , 2)
2. arguments presented against the delimitation process. (Para 3 , 4)
3. court's observations on maintained procedures. (Para 5 , 6)
4. determinations of illegality in delimitation and compliance issues. (Para 15 , 16)
5. final conclusion on the voiding of delimitation processes. (Para 27 , 28)

JUDGMENT

Harpreet Singh Brar, J. - By this common order, four writ petitions, details of which have been given in the head note, are being disposed of, as the issue involved in all the writ petitions is identical. However, facts are being enumerated from CWP No.7548 of 2023 with the consent of all the parties.

1.1. Prayers as culled out from the prayer clause of all writ petitions are as under:-

CWP No.7548 of 2023

(i) To set aside the process of wardbandi of the wards of Municipal Council-Dera Baba Nanak, District Gurdaspur and draft notification issued in this regard vide notice dated 22.12.2022 (Annexure P-5) as the said process was done without following the due procedure as prescribed under the Municipal Act, 1911 (hereinafter referred to as the Municipal Act) and the DELIMITATION OF WARDS OF MUNICIPALITIES RULE

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2023 Supreme(P&H) 401

RAJ MOHAN SINGH, HARPREET SINGH BRARRajesh Kumar Sharma – AppellantVersusState of Punjab – Respondent

RAJ MOHAN SINGH, HARPREET SINGH BRAR
Rajesh Kumar Sharma – Appellant
Versus
State of Punjab – Respondent