Ranjit Singh And Another vs State Of Punjab And Another on 15 September, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                     C.W.P. No. 8024 of 2008
                                         DATE OF DECISION : 15.09.2008

Ranjit Singh and another
                                                           .... PETITIONERS

                                   Versus

State of Punjab and another

                                                        ..... RESPONDENTS

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


Present:    Mr. A.K. Lamdharia, Advocate,
            for the petitioners.

            Mr. N.S. Virk, Addl. A.G., Punjab,
            for the respondents.

                           ***

SATISH KUMAR MITTAL , J.

The petitioner has filed this petition under Article 226/227 of

the Constitution of India for quashing the notification dated 19.3.2008,

whereby the determination of the number of wards and reservation of seats

for different categories for Municipal Council, Zirakpur, has been fixed.

We have heard counsel for the parties.

In the written statement, it has been stated that the Punjab

Government has issued notification on 23.5.2008 to hold elections to 95

Municipalities, including Municipal Council, Zirakpur. The State Election

Commission, Punjab has also notified election programme on 12.6.2008 to
CWP No. 8024 of 2008 -2-

hold elections on 30.6.2008. Thereafter, the present writ petition has been

filed, which is not maintainable. A preliminary objection has also been

taken in the written statement to the effect that in view of clause (a) of

Article 243 ZG of the Constitution of India, the validity of any law relating

to the delimitation of constituencies or the allotment of seats to such

constituencies, made or purported to be made under Article 243 ZA shall

not be called in question in any court. Further, it has been stated that

determination of number of wards has been done on the basis of set formula

as explained in Section 8 (1) (a) of the Punjab Municipal Act, 1911 on the

basis of population as per the census of 2001.

Undisputedly, election of all the 15 wards of Municipal

Council, Zirakpur has already taken place. In our view, after starting of the

election process, the petitioner cannot be permitted to challenge the

impugned notification. Since the election has already taken place, we do not

find any ground to entertain this petition, which was filed by the petitioner

after the initiation of the election process.

Dismissed.

                                          ( SATISH KUMAR MITTAL )
                                                  JUDGE



September 15, 2008                              ( JASWANT SINGH )
ndj                                                   JUDGE