Delimitation Is A Legislative Function: Punjab & Haryana High Court Dismisses Challenges To Municipal Ward Notifications

The Punjab & Haryana High Court has held that the process of delimitation of wards of Municipal Councils and Municipal Corporations cannot be set aside merely on the ground of alleged violation of principles of natural justice. The Court observed that delimitation is a legislative function and once the prescribed procedure under the governing rules is followed, such exercise is not open to challenge on technical grounds.A division bench of Justices Harsimran Singh Sethi and Vikas Suri was hearing a batch of writ petitions challenging notifications issued by the Government of Punjab for delimitation of wards of various Municipal Councils and Municipal Corporations. The petitioners contended that their objections to the draft notifications were not properly considered, that the draft notifications did not clearly describe ward boundaries, and that insufficient time was granted to file objections, thereby vitiating the entire process. The Court noted that the statutory scheme requires the constitution of a Delimitation Board, preparation of a proposal, publication of the same in the official gazette, and invitation of objections and suggestions before finalisation. Upon examining the record, it found that the process envisaged under the 1972 Rules and the 1995 Order had been followed by the State while carrying out delimitation of wards.Addressing the contention regarding the lack of opportunity, the Court observed that a Division Bench of the same Court in an earlier decision had already held that a period of seven days from the date of publication of the draft notification in the official gazette for filing objections is sufficient and valid. It noted that the petitioners had, in fact, filed objections within the stipulated period, and therefore, the argument of denial of opportunity could not be sustained.On the issue of alleged defects in draft notifications, the Court held that merely because certain boundaries were not clearly described in the notification would not invalidate the process, especially when maps depicting the boundaries were made available for public perusal along with the draft notification. The Court further held that delimitation of wards is carried out for the purpose of ensuring smooth conduct of elections and is an exercise undertaken in the public interest. It emphasised that such a process is not directed against any individual but concerns the public at large, and therefore, the requirement of passing detailed speaking orders on each objection is not applicable in the same manner as in administrative decisions.It was also observed that objections relating to boundaries of wards can only be considered to the extent of compliance with the prescribed procedure, and the Court would not interfere with the delimitation undertaken by the State.Accordingly, the High Court dismissed the batch of writ petitions, holding that no ground was made out to interfere with the notifications issued for delimitation of wards of Municipal Councils and Municipal Corporations.Case Title: Hardev Singh vs. State of Punjab & Ors. and connected matters [CWP-3129-2026 (O&M) and connected cases]Click Here To Read/Download Order

Delimitation Is A Legislative Function: Punjab & Haryana High Court Dismisses Challenges To Municipal Ward Notifications

Saksham Vaishya

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