"Tailor-Made Wards To Ensure Success Of Few In Elections": High Court Declares 'Illegal' Delimitation Of 2 Municipal Councils, 1 Municipal Corp In Punjab

The Punjab and Haryana High Court on Tuesday declared the entire delimitation exercise in Municipal Councils of Dera Baba Nanak, Dharamkot, and Municipal Corporation Phagwara, conducted since its inception, to be "illegal".

The Court held that delimitation was done on irrelevant considerations and a glaring breach of Rules 3 to 8 of the Delimitation of Wards of Municipalities Rules, 1972.

The delimitation exercise was done on the ground that numbers of voters have passed away and many have attained the majority, hence deletion and addition in the electoral roll is required. Rejecting these grounds the Court said, "...delimitation process for re-adjustment of wards cannot be done on these grounds, as the preparation and revision of electoral rolls on account of death or attaining the age of 18 years is a continuous process and it has no nexus to a particular election."

A division bench of Justices Raj Mohan Singh & Harpreet Singh Brar, said

"Elections are not merely rituals to be performed periodically. The elections are the only effective tool to ascertain the will of the people for genuine self-governance at grass root level, which is possible only through free and fair elections. ‘Freeness’ and ‘fairness’ is a universally recognized standard by which a level playing field is ensured. It not only ensures that each competitor has an equal chance to succeed, but also that they all play by the same set of rules."

The Court added that the concept of free and fair election includes the preliminary stages to election such as delimitation of constituencies and preparation or revision of electoral rolls. The entire electoral process is hugely dependent upon these stages for the free and fair election to really take place, it said. It further highlighted that the authorities responsible for carrying out the delimitation are bound to follow the drill of the delimitation Rules in scrupulous compliance of these principles.

However, in this case the bench noted, "the respondents have completely departed from the procedure prescribed under the Rules of Delimitation of Wards of Municipalities Rules, 1972 by creating tailor-made wards only suitable to a few to ensure their success in elections, which has resulted in disturbing the level playing field to give undue advantage to a select few."

The Court was hearing a batch of petitions challenging the delimitation exercise done this year for Municipal Councils of Dera Baba Nanak, Dharamkot and Municipal Corporation Phagwara, Punjab.

The counsel for the petitioners argued that delimitation of the wards is provided under Rule 4 (ii) and it can only be done only in the following circumstances:

(a) if the municipal limits are altered;

(b) if there is an increase in the population of the Municipality;

(c) if there is abnormal variation in population or voting figures of some of the wards of the Municipality.

However, the number of wards remain the same in both the delimitations i.e. 13 wards. As such, the impugned delimitation exercise was done without there being any alteration in municipal limits or increase in population, he added.

Considering the submission, the Court opined that, "Neither there is any alteration in the municipal limits nor there is any increase in the population. As such, the entire exercise is a nullity and suffers from incurable defect."

After analysis of the entire delimitation exercise the Court found that there was violation of several rules of the Delimitation of Wards of Municipalities Rules, 1972.

The Court also found by perusing the documents on record that the entire delimitation exercise was conducted by the field staff and concerned Executive Officer. "The delimitation and re-adjustment of wards is the sole responsibility of the Delimitation Board. As such, the impugned delimitation was not undertaken by the competent authority. Neither the drafts scheme was prepared by the Board nor any other exercise was undertaken by the Board for re-adjustment of the wards as provided under the Rules of 1972," added the bench.

Relying on Supreme Court's decision in Kunwar Pal Singh (dead) by LRs v. State of U.P. and others (2007) and others the Court said, "the principle is well settled that where any statutory provision provides a particular manner for doing a particular act, then, that thing or act must be done in accordance with the manner prescribed in the statute."

In the light of the above the Court held that the entire delimitation exercise  and also all the notifications which followed on that basis, "illegal", on the ground of violation of several rules under the Delimitation of Wards of Municipalities Rules, 1972.

While allowing the plea the Court also directed, "the State Election Commission is at liberty to hold election to the Municipal constituencies (wards) as it existed before the impugned delimitation exercise..."

Appearance: N.K. Verma  and Ankush Verma, Advocate for the petitioner in CWP No.7548 of 2023.

G.S. Bhatia for the petitioner in CWP No.17204 of 2023.

H.P.S. Ishar and Parminder S. Vig, Advocate and Amrit Pal Singh Sodhi for the petitioner in CWP No.15263 of 2023.

Advocates Gourave Bhaiyya Gilhotra , Akash Manocha, Advocate and Hitesh Verma for the petitioners in CWP No.16079 of 2023.

Citation: 2023 LiveLaw (PH) 201

Title: Rajesh Kumar Sharma and others v. State of Punjab and others

 Click here to download/read the order.