Randhir Singh And Others vs State Of Punjab And Others on 1 September, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                C.W.P. No. 15386 of 2008
                                        DATE OF DECISION : 01.09.2008

Randhir Singh and others
                                                        .... PETITIONERS
                                 Versus
State of Punjab and others

                                                     ..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
            HON'BLE MR. JUSTICE JASWANT SINGH


Present:    Mr. H.S. Sethi, Advocate,
            for the petitioners.

                        ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioners, who are residents of erstwhile Villages

Jhungian and Santemajra, falling within the extended limit of Municipal

Council, Kharar, have filed this writ petition under Article 226/227 of the

Constitution of India for quashing the notification dated August 25, 2008

(Annexure P-1), whereby the State Government has decided to conduct

elections in Municipal Council Muktsar, Kharar and Sujanpur, by reserving

the seats in terms of sub-section (1) of Section 8 of the Punjab Municipal

Act, 1911 and the rules made thereunder.

For Municipal Council, Kharar, the election will be held for 15

wards. The aforesaid notification has been issued by the Punjab

Government, in view of the following directions issued by the Supreme
CWP No. 15386 of 2008 -2-

Court in Civil Appeal No. 4961 of 2008 :

“The State Election Commission is directed to hold the

election to the Municipal Committees/Councils Muktsar,

Sujanpur, Kharar and Moga forthwith, the election programme

in respect of which shall be completed on or before 15th

September, 2008. The State Election Commission is directed to

put in motion immediately the process of holding elctions

without waiting for the de-limitation of the constituencies, if

not already done. The State is directed to facilitate holding of

the elections.”

The grouse of the petitioners is that the State Government,

without finalising de-limitation of Wards, has decided to conduct the said

election of Muncipal Council, Kharar. The contention of the petitioners is

that election of the Municipal Council is going to be conducted only for 15

wards and the petitioners’ villages, which were included in the Municipal

limits in the year 2006, have been deprived of electing their representatives,

as the final notification of de-limitation of the Ward of Municipal Council,

Kharar has not yet been issued and without that if the elections are held, the

petitioners will be deprived of choosing their representative in the

Municipal Council.

After hearing counsel for the petitioners, we are of the opinion

that in view of the fact that elections in the aforesaid Municipal Council are

being held under the directions of the Supreme Court, where the State
CWP No. 15386 of 2008 -3-

Election Commission has been directed to put in motion immediately the

process of holding elections without waiting for the de-limitation of the

constituencies, if not already done, we cannot interfere in the matter, in

exercise of the writ jurisdiction of this Court under Article 226/227 of the

Constitution of India.

Dismissed.

Copy of the order be given dasti on payment of usual charges.

                                       ( SATISH KUMAR MITTAL )
                                               JUDGE


September 01, 2008                        ( JASWANT SINGH )
ndj                                             JUDGE