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(1) These orders may be called the Delimitation of Wards of Municipalities Rules, 1972.
(2) They shall come into force at once.
In these rules, unless the context otherwise requires :& (a) 'Act' means the Punjab Municipal Act, 1911; (b) 'associate member' means a member associated under sub& rule (2) of Rule 3;
(c) 'Board' means a Delimitation Board constituted under rule 3; (d) 'Director' means the Director, Local Government Department, Punjab;
(e) 'Government' means the Government of the State of Punjab is Local Government Department.
[(f) "Sub&Divisional Officer" means the Sub& Divisional Officer (Civil) of the concerned Sub&division,] !
(1) For the purposes of carrying out the provisions of these rules, the Government shall constitute a Delimitation Board for each Municipality consisting of the following members namely :& [2] [(i) The Deputy Commissioner of the District in which the Municipal Council/Nagar Panchayat is situated or any other Officer nominated by him in this behalf;
[(i)(a) member of the Punjab Legislative Assembly representing the concerned Municipality.][3] (ii) Sub&Divisional Officer;
(iii) The Deputy Director, Local Government of the region concerned;
) (iv) The President or Administrator of the Municipal Council or Nagar Panchayat concerned; and (v) Executive Officer of the Municipal Council or Nagar Panchayat concerned.] [(vi) One member nominated by the Government by notification.] [(2) The Board shall associate with itself for the purpose of assisting it in its day to day functioning not more than five members of a Municipality having due regard to the representation of various political parties and groups in the composition of the Municipality. The names of the associate members shall be sponsored to the Director by the Executive Officer of the concerned Municipality in consultation with the concerted Deputy Commissioner. This provision shall however, not apply in the case of a dissolved Municipality.][5] "#
! It shall be the duty of the Board & [(i) to divide the Municipality into such number of wards as may be necessary having regard to the number of elected members determined by the State Government, for the[7] [Municipality], and the number of seats reserved for members of the Scheduled Castes, Backward Classes and women.] (ii) to re&adjust the wards as and when the limits of the Municipality are altered or there is increase in population of the Municipality or there is abnormal variation in population or voting figures of some of the wards of the Municipality, which requires, such re& adjustment.
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(1) None of the associate members shall have a right to vote or to sign any decision of the Board.
(2) The meetings of the Board shall be convened by the Director, after giving notice of at least [three days][8] of the date, time and place of the meeting to all of its members.
(3) The quorum necessary for the transaction of business at a meeting of the Board shall be [four][9].
(4) All questions which come before any meeting of the Board shall be decided by a majority of the votes of the members present and voting. The Chairman of the meeting, in case of an equality of votes, shall have a second or casting vote.
(5) The Board shall have power to act notwithstanding the temporary absence of a member, or an associate member, or of the existence of a vacancy in the Board, and no act or proceeding of the Board shall be invalid or called in question on the ground merely of temporary absence of a member or associate member, or of the existence of such a vacancy.
[10] [(6) The Sub&Divisional Officer shall be the Chairman of the Board. In his absence, the members present shall elect One member who shall preside over the meeting of the Board as its Chairman.] '%( & )( * The following principles shall be observed by the Board in the delimination of wards of a Municipality, namely:& [11] [(a) All wards shall as far as practicable, be geographically compact areas, and in delimiting them due regard shall be had to physical features, existing boundaries of administrative units, if any, facilities of communication and public convenience; (b) Each Municipality shall be divided into wards in such
manner that the population of each ward, as far as practicable, is the same throughout the Municipality, with a variation upto ten per¢, above or below the average population figures;
(c) Wards in which seats are reserved for the Scheduled Castes, shall be located, as far as practicable, in those areas where the proportion of their population to the total population of the Municipality is the larges and such seats shall be allocated by rotation to different wards in the Municipality.] (d) Seats numbers reserved for women (including number of seats reserved for women, if any, belonging to Scheduled Castes) by Government, shall be kept reserved for women and such seats shall be allotted by rotation to different wards in the Municipality; and (e) One seat reserved for Backward Classes by Government, shall be kept reserved for the Backward Classes which shall be located where their population in the Municipality is the larges and such seat shall be allotted by rotation to different wards in the Municipality.
[12] [(f) In every municipality, the Delimitation Board, while drafting the scheme for Delimitation of Wards, shall allot number to all wards having due regard to the principle of constitution.] Explanation. & In this rule, the expression "population" means the population as ascertained locally through the staff deputed by the Director, by going from door to door in the Municipality. +
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The Board shall, as soon as may be after it has prepared the scheme for the delimitation of wards of the Municipality, send the same to the State Government for consideration. /%,
& The State Government shall:& (a) publish in the official gazette the scheme for the delimitation of wards received by it under rule 7 for eliciting objections or suggestions from the affected persons of the Municipality, (b) specify a date on or after which the scheme alongwith objections and suggestions, if any, will be considered by it; (c) consider all objections and suggestions which may have been received by it before the date so specified; and (d) thereafter, by order determine the delimitation of wards of the Municipality.
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The State Government shall cause its order made in the form of final notification under these rules to be published in the Official Gazette, and upon such publication every such order shall have the force of law.
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The State Government may, from time to time, by notification in the Official Gazette, correct any printing mistake in any of the orders made by it, or any error occurring therein due to an inadvertent slip or omission."
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The 3rd August, 1995 No. GSR45/PA 42/76/S.8/95. - In supersession of Government of Punjab Department of Local Government Notification No. GSR
28/PA42/76/S.34/95, dated the 5th June, 1995, and in exercise of the powers conferred by section 8 of the Punjab Municipal Corporation Act, 1976 (Punjab Act No. 42 of 1976), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following order, to determine the delimitation of wards in Municipal Corporations, namely :-
1. Short title and commencement. - (i) This order may be called the Delimitation of Wards of Municipal Corporation Order, 1995. (ii) It shall come into force at once.
2. Definitions. - In this order unless the context otherwise requires, - (a) "Act" means the Punjab Municipal Corporation Act, 1976; (b) "Associate member" means a person associated under subclause (2) of clause 3; (c) "Board" means the Delimitation Board constituted under rule 3; (d) "Constituency" means a ward, for the representation of which a councillor to be or has been elected;
(e) "Member" means a member of the Board;
(f) "Population" mean the population as ascertained locally through the staff deputed by the Director by going from door to door in the city; and (g) "Section" means a section of the Act.
3. Constitution of Board. [Section 8] - (1) For the purpose of carrying out the provisions of this order the Government shall constitute a Board for each Municipal Corporation consisting of the following members; namely :- (i) the [Deputy Commissioner of the District]1 in which the Municipal Corporation is situated or any other officer nominated by him in this behalf;
(ii) the Director of any other officer nominated by him in this behalf;
(iii) the Mayor or in his absence the Senior Deputy Mayor and in the absence of both, the Deputy Mayor of the Corporation concerned, as the case may be.
(iv) the Commissioner of the Municipal Corporation concerned. [(v) member of the Punjab Legislative Assembly representing the concerned Municipal Corporation wholly or partly; (vi) the Deputy Director (Regional), Local Government;]1 [(vii) the Joint Commissioner or the Assistant Commissioner of the Municipal Corporation concerned.]2 (viii) one member nominated by the Government by notification.]3
(2) The Board shall associate with itself for the purpose of assisting in the performance of its functions not more than five councillors of the Corporation having due regard to the representation of various political parties and groups in the composition of the Corporation: Provided that nothing contained hereinbefore shall apply to a Corporation which has been dissolved.
4. Functions of the Board. [Section 8] - It shall be the duty of the Board, - (i) to divide the city into such number of wards as may be necessary, having regard to the nuember of elected councillors determined by the Government for the Corporation under sub-section (3) of section 5 of the Act and the number of seats reserved for the members of the Scheduled Castes, Backward Classes and Women under section 6 of the Act; and (ii) to readjust the wards as and when the limits of the City are altered or there is increase in the population of the City or there is abnormal variation in population or voting figures at some of the wards of the City, which require such readjustment.
5. Procedure to be followed by the Board and powers of the Board.
[Section 8] - (1) The [Director, Local Government, Punjab]4 shall be the Chairman of the Board. In his absence, such member as Chairman as the members present in the meeting of the Board, may elect from amongst themselves.
(2) The meeting of the Board shall be convened by the Director, after giving atleast ten days notice of the date, time and place of the meeting of all the members of the Board.
(3) The quorum necessary for the transaction of business at the meeting of the Board shall be four.
(4) All questions which come before any meeting of the Board shall be decided by a majority of the votes of the members present and voting. The Chairman of the meeting shall have a second or casting vote in case of an equality of votes.
(5) The Board shall have power to act notwithstanding the temporary absence of a member, or an associate member or of the existence of a vacancy in the Board, and no act or proceeding of the Board shall be invalid or called into question on the ground merely of temporary absence of a member or associate member, or the existence of such a vacancy.
(6) An associate member shall not have the right to vote or to sign any decision of the Board.
6. Principles for delimitation of wards of a City. [Section 8] - The following principles shall be observed by the Board in the delimitation of wards of a city, namely :- (a) All wards shall as far as practicable, be geographically compact areas, and in delimiting them, due regard shall be had to the physical features like facilities of communication and public convenience; (b) Wards in which seats are reserved for the Scheduled Castes, shall be located, as far as practicable, in those areas where the proportion of their population to the total population of the City, is the largest and such seats shall be allotted by rotation to different wards in the City;
(c) Seats numbers reserved for women (including number of seats reserved for women, if any, belonging to Scheduled Castes) by the Government shall, be kept reserved for women, and such seats shall be allotted by rotation to different wards in the Corporation; (d) Two seats reserved for Backward Classes, by the Government, shall be kept reserved for the Backward Classes, and such seats shall be allotted by rotation to different wards in the Corporation; and (e) Each Corporation shall be divided into two wards in such manner that the population of each ward as far as practicable, is the same throughout the Corporation, with a variation upto ten per cent above or below the average population figures. [(f) In every Municipal Corporation, the Board while drafting the Scheme for delimitation of wards, shall allot numbers to all wards having due regard to the principle of contiguity:]1 [Provided that the principle of rotation shall no be applicable where the delimitation or wards of a Municipal Corporation has been done under the provisions of sub clause (ii) of clause (4) of the order.]2
7. Scheme for delimitation of wards to be sent to Government. [Section 8] - The Board shall, as soon as may be, after it has prepared the Scheme for the delimitation of the ward of the City, send the same to the Government for consideration.
8. Publication of scheme for delimitation of wards. [Section 8] -
(1) The Government shall, -
(a) publish in the official Gazette the scheme for the delimitation of the wardsreceived by it under clause 7 for inviting objections or suggestions from the affected persons of the City; (b) specify a date on or after which the scheme along with objections or suggestions, if any, shall be considered by it; and (c) consider all objections and suggestions, which may have been received by it before the specified date;
(2) The Government after considering the objections and suggestions under sub-clause (I), shall make its final order and shall get the same published in the Official Gazette. [Provided that before the start of election process, the State Government, may, for good and sufficient reasons, to be recorded in writing, review the order made in the form of final notification after inviting objections and suggestions in writing from the public through the public notices in two newspapers having circulation in the locality in respect of all or any of the Ward. After considering such objections or suggestions, the State Government may supersede the previous orders in the form of final notification directly or after obtaining the opinion of the Boards.]1
9. Correction of printing mistakes in the order made by the Government.
[Section 8] - The Government may, from time to time, by order in the Official Gazette, correct any mistake in any of the orders made by it, or any error occurring therein due to an inadvertent slip or omission.
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1+1 *+ *3 4> ** 3- #'24 + D "3. In Rameshchandra Kachardas Porwal and Ors. etc. v. State of Maharashtra and Ors. etc., [1981] 2 SCC 722, it was held that making of a declaration by notification that certain place shall be principal market yard for a market area under the relevant agricultural produce Market Act was an act legislative in character. In Union of India and Anr. v. Cynamide India Ltd. and Anr., [1987] vol.
2 SCC 720, this Court while making distinction between legislative, administrative and quasi-judicial held thus: "A legislative act is the creation and promulgation of a general rule of conduct without reference to particular cases; an administrative act is the making and issue of a specific direction or the application of a general rule to a particular case in accordance with the requirements of policy. Legislation in the process of formulating a general rule of conduct without reference to particular cases and usually operating in future; administration is the process of performing particular acts, of issuing particular orders or of a making decisions which apply general rules to particular cases'.
It has also been said: "Rule making is normally directed toward the formulation or requirements having a general application to all members of a broadly identifiable class" while, "an adjudication, on the other hand, applies to specific individuals or situation". But, this is only a broad distinction, not necessarily always true. Administration and administrative adjudication may also be of general application and there may be legislation of particular application only. That is not ruled out. Again, adjudication determines past and present facts and declares rights and liabilities while legislation indicates the future cause of action. Adjudication is determinative of the past and the present while legislation in indicative of future. The object of the rule, the reach of its application. The rights and obligations arising out of it.
Its intended effect on past, present and future events, its form, the manner of its promulgation are some factors which may help; in drawing the line between legislative and non-legislative acts".
= The principles of law that emerge from the aforesaid decisions are-(l) where provisions of a statute provide for the legislative activity, i.e.
making of a legislative instrument or promulgation of general rule of conduct or a declaration by a notification by the Government that certain place or area shall be part of a Gram Sabha and on issue of such a declaration certain other statutory provisions come into an action forthwith which provide for certain consequences; (2) where the power to be exercised by the Government under provisions of a statute does not concern with the interest of an individual and it relates to public in general or concerns with a general direction of a general character and not directed against an individual or to a particular situation and (3) lay down future course of actions, the same its generally held to be legislative in character.
G2 Once it is found that the power exercisable under Sections 3 and 4 of the Act respectively is legislative in character, the question that arises is whether the State Government, while exercising that power, the rule of natural justice is required to be observed? It is almost settled law that an act legislative in character-primary or subordinate, is not subjected to rule of natural justice. In case of legislative act of legislature, no question of application of rule of natural justice arises. However, in case of subordinate legislation, the legislature may provide for observance of principle of natural justice or provide for hearing to the resident of the area before making any declaration in regard to the territorial area of a Gram Sabha and also before establishing a Gram Sabha for that area.
We have come across many enactments where an opportunity of hearing has been provided for before any area is excluded from one Gram Sabha and included it in different Gram Sabhas or a local authority. However, it depends upon the legislative wisdom and the provisions of an enactment. Where the legislature has provided for giving an opportunity of hearing before excluding an area from a Gram Sabha and including it in another local authority or body, an opportunity of hearing is sine qua non and failure to give such an opportunity of hearing to the residents would render the declaration invalid.
) before issue of a declaration either under Section 3 or Section 4 of the Act, the residents of the area cannot insist for giving an opportunity of hearing before the area where they are residing is included in another Gram Sabha or local authority. In Rameshchandra Kachardas Porwal and Ors. v. State of Maharashtra (supra), this court held as thus: "In one of the Bihar cases it was further submitted that when a market yard was disestablished at one place and established at another place, it was the duty of the concerned authority to invite and hear objections. Failure to do so was a violation of the yard at one place and establishing it elsewhere was, therefore, bad.
It was objections before a "market area" was declared under the Act, so should objection be invited and heard before a 'market yard' was established at any particular place. The principles of natural justice demanded it. We are unable to agree. We are here not concerned with the exercise of a judicial or quasi-judicial function where the very nature of the function involves the application of the rules of natural justice, or of an administrative function affecting the rights of persons, wherefore, a duty to act fairly.
We are concerned with legislative activity; we are concerned with the making of a legislative instrument, the declaration by notification of the Government that a certain place shall be a principal market yard for a market area, upon which declaration certain statutory provisions at once spring into action and certain consequences prescribed by statute follow forthwith. The making of the declaration, in the context, is certainly an act legislative in character and does not oblige the observance of the rules of natural justice.
In the present case, the provisions of the Act do not provide for any opportunity of hearing to the residents before any area falling under a particular Gram Sabha is excluded and included in another Gram Sabha. In the absence of such a provision, the residents of that area which has been excluded and included in a different Gram Sabha cannot make a complaint regarding denial of opportunity of hearing before issue of declarations under Sections 3 and 4 of the Act respectively. However, the position would be different where a house of a particular resident
of an area is sought to be excluded from the existing Gram Sabha and included it in another Gram Sabha. There the action of the Government being directed against an individual, the Government is required to observe principles of natural justice. For the aforesaid reasons, we are of the view that no opportunity of hearing was required to be given before making declaration either under Section 3 or Section 4 of the Act by the Government. $& = 78*+ + + *4 +
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'"1$( 4 + D "11. It will be noted from the above that it was the intention of the, legislature that every order under ss. 8 and 9 after publication is to have the force of law' and not to be made the subject matter of controversy in any court. In other words, Parliament by enacting s. 10(2) wanted to make it clear that orders passed under ss. 8 and 9 were to be treated as having the binding force of law and not mere administrative directions. This is further reinforced by sub-s.of s.10 according to which the readjustment of representations of the several territorial constituencies in the House of the People and the delimitation of those constituencies provided for in any such order (i.e. under s. 8 or s.
9) was to apply in relation to every election to the House held after the publication of the order in the Gazette of India and these provisions contained in the order were to supersede all provisions relating to such representation and delimitation contained in the Representation of the People Act,, 1950 and the Delimitation of Parliamentary and Assembly Constituencies Order, 1961. In effect, this means the complete effacement of all provisions of this nature which were in force before the passing of the orders under ss. 8 and 9 and only such orders were to hold the field.
seats to such constituencies made under Art. 327 of the Constitution.
18. An examination of ss. 8 and 9 of the Act shows that the matters therein dealt with were not to be subject to the scrutiny of any court 'of law. Section 8, which deals with the readjustment of the number of seats, shows that the Commission must proceed on the' basis of the latest census figures and by order determine having regard to the provisions of Arts. 81, 170, 330 and 332, the number of seats in the House of the People to be allocated to each State and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State. Similarly, it was the duty of the Commission under s.
9 to distribute the seats in the House of the People allocated to each State and the seats assigned to the Legislative Assembly of each State to single member, territorial constituencies and delimit them on the basis of the latest census figures having regard to the provisions of the Constitution and to the factors enumerated in cls. (a) to (d) of sub-s. (1). Subsection, (2) of s. 9 shows that the work done under subs. (1) was not to be final, but that the Commission (a) had to publish its proposals under sub-s.
(1) together with the dissenting proposals, if any, of an associate member, (b) to specify a date after which the proposals could be further considered by it, (c) to consider, all objections and suggestions which may have been received before the date so specified, and for the purpose of such consideration, to hold public sittings at such place or places as it thought fit' It is only then that the Commission could by one or more order' determine the delimitation of Parliamentary constituencies as also of Assembly constituencies of each State. 19.
In our view, therefore, the objection to the delimitation of constituencies could only be entertained by the Commission before the date specified. Once the orders made by the Commission under ss. 8 and 9 were published in the Gazette of India and in the official gazettes of the States concerned, these matters could no longer be reagitated in a court of law. There seems to be very good 'reason behind such a provision. If the orders made under ss. 8 and 9 were not to be treated as final, the effect would be that any voter, if he so wished, could hold up an election indefinitely by questioning the delimitation of the constituencies from court to court., Section 10(2) of the Act clearly demonstrates the intention of the' Legislature that the orders under ss. 8 and 9 published under s. 10 (1) were to be treated as law which was not to be questioned in any court.
- It is true that an order under s.8 or 9 published under s.10(1) is not part of an Act of Parliament, but its effect is to be the same.
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4 + D "23.Reverting to the case, we find that the conclusion of the High Court as to the need to reconsider the proposal to form the Corporation has neither the attraction of logic nor the support of law. It must be noted that the function of the Government in establishing a Corporation under the Act is neither executive nor administrative. Counsel for the appellants was right in his submission that it is legisla- tive process indeed. No judicial duty is laid on the Govern- ment in discharge of the statutory duties. The only question to be examined is whether the statutory provisions have been
> complied with. If they are complied with,, then, the Court could say no more. In the present case the Government did publish the proposal by a draft notification and also considered the representations received. It was only thereaf- ter, a decision was taken to exclude Ulhasnagar for the time being. That decision became final when it was notified under Section 3(2). The Court cannot sit in judgment over such decision. It cannot lay down norms for the exercise of that power. It cannot substitute even "its juster will for theirs."
24. Equally, the rule issued by the High Court to hear the parties is untenable. The Government in the exercise of its powers under Section 3 is not subject to the rules of natu- ral justice any more than is legislature itself. The rules of natural justice are not applicable to legislative action plenary or subordinate. The procedural requirement of hear- ing is not implied in the exercise of legislative powers unless hearing was expressly prescribed. The High Court, therefore, was in error in directing the Government to hear the parties who are not entitled to be heard under law.
26. There are equally clear authorities on this point from this Court. The case in Tvlsipur Sugar Co. Ltd. v. The Notified Area Committee, Tulsipur, [1980] 2 SCR 1111 was indeed a hard case. But then, this Court did not make a bad law. There a notification dated August 22, 1955 was issued under Section 3 of the U.P. Town Area covering the petition- er's factory. Consequently, the octroi was levied on goods brought by the factory management into the limits of Town Area Committee. The Company questioned the validity of that notification. The case pleaded was that the company had no opportunity to make representation regarding the advisabili- ty of extending the limits of the Town Area Committee. Venkataramiah, J., as the present learned Chief Justice then was, while rejecting the contention observed (111920):
"The power of the State Government to make a declaration under Section 3 of the Act is legislative in character because
the applica- tion of the rest of provisions of the Act to the geographical area which is declared as a town area is dependent upon such declaration. Section 3 of the Act is in the nature of a conditional legislation. Dealing with the nature of functions of a non-judicial authori- ty, Prof. S.A. De Smith in Judicial Review of Administrative Action (third edition) observes at page 163: "However, the analytical classification of a function may be a conclusive factor in excluding the operation of the audi alteram partem rule. It is generally assumed that in English law the making of a subordi- nate legislative instrument need not be pre- ceded by notice or hearing unless the parent Act so provides."
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= the other political parties. No material has been placed on record to indicate that any right of the petitioners is infringed in any manner. The only right of a citizen in the matter of election is to exercise franchise according to his/her free will and choice. This right of the petitioners remains intact irrespective of the fact whether there are lesser number of representatives or more. In some of the petitions, the grievance of the petitioners is that they are interested to contest election in a particular ward which has either been reserved or de&reserved. These are the individual rights which cannot have precedence over the larger public interest of holding elections to democratic institutions which alone can strengthen the democracy.
Since we have observed that there have been aberrations in applying the constitutional provisions in the right spirit in some of the Municipalities, the reservation and allocation of reserved wards have not been properly done. We hope and believe that the State Government shall redress to such complaints and adopt all resuscitative measures at least for future elections to these democratic bodies."
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( D G29. In the above endeavour, it is apparent on a reading of the draft rules, whereafters on consideration of the apposite objections, the impugned notification(s) became issued, that the exercise of limitation was taint free nor it breached the Rules (supra). In sequel, the undertakings of the well purpose of makings the de&limitation exercise, thus for takings into account the apposite demographic increases in the wards concerned, rather for concomitantly the reservation system becoming drawn, as has been drawn, but has also been achieved. Naturally also therebys, prima facie, there appears to be no exclusion of voters in the voters list, even after the completion of the de&limitation exercise, especially, when no tangible evidence in respect of the relevant exclusions has been put forth as such.
Even if such a grievance is put forth, therebys, it was to be ventilated before and also was to be decided rather only by the Election Tribunal concerned, who on receiving such a motion, with averments thereins, that on account of inapt exclusions of the eligible voters, from the voters list, thus may have proceeded to declare the election to be vitiated, the same being materially affected therebys."
30. However, the said grievance is stated to be neither put forth before the Election Tribunal concerned, through an election petition being cast therebefore, nor has been stated to be under consideration before the State Election Tribunal. Resultantly therebys, the completed de&
' limitation exercise, as done, but on the basis of a census, thus as a necessary precursor of the de&limitation of the wards taking place, but when naturally also becomes the hinge for the creation of a reservation roster for endowing the apposite representations to the category(ies), whose population size so deserves. In sequel, the de&limitation exercise, as undertaken but cannot be faulted on any score, especially, when the election programme has been announced, election programme whereof, is un&interfereable in terms of the expostulations of law made in the verdicts (supra). Importantly also, when there is no grievance that in pursuance to the de&limitation exercise, their being any evident deprivation of the rights of exercising franchise vis&a&vis any of the voters, therebys, also the de&limitation exercise cannot be faulted."
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' in as much as election process has commenced vide Notifications dated 27.11.2020 and 1.12.2020 issued by the State Election Commission notifying the programme holding the general/bye elections of the Municipal Corporations, Municipal Councils and Nagar Panchayats. As reproduced above, the date for preparation of electoral rolls is upto 9.12.2020, draft of publication of electoral rolls is by 10.12.2020, last date for filing claims and objections and disposal of the same are 16.12.2020 and 23.12.2020 respectively. Final publication of electoral rolls is on 5.1.2021. Intervention of this Court, in exercise of writ jurisdiction under Article 226 of the Constitution at this stage, which may even remotely suggest the stalling of elections, is improper.
The object and purport of introduction of Chapter IX&A in the Constitution of India by the 74th Constitutional Amendment 1992 was/is to facilitate the conduct of elections without putting any hindrance and taboo which is the fundamental requirement of democracy. Election to the local bodies is the grass root of democracy which is a process by which much decision&making authority is shifted to the lowest geographic and social levels. Any action of the Court or any individual which may, by any means, hamper or obstruct the democratic process is anti thesis to the spirit of these constitutional provisions.
26. The principles of natural justice are not embodied rules and they cannot be imprisoned within the strait& jacket of a rigid formula. The requirements of natural justice depend on the circumstances of each case, the nature of the enquiry, the rules under which the official respondents are acting, the subject matter being dealt with and so forth. In the present case, scheme and policy for delimitation of wards has been framed under the statute, right to file objections and suggestions has been given to the residents of the Municipal areas. After consideration of the objections, final notification has been made. In this view of the matter, principles of natural justice would not require personal hearing to be given especially when all relevant circumstances were taken into consideration before issuing final notification of delimitation of wards.
27. In such matters, the scope of judicial review is very limited. Judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fides. Its purpose is to check whether choice or decision is made "lawfully" and not to check whether choice or decision is "sound". We find no arbitrariness, irrationality, unreasonableness, bias and mala fide in the action of the
'' respondents. This court will not interfere with the action of the respondents and the letters/final notifications impugned in both the writ petitions."
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aarti Whether speaking/reasoned :Yes Whether reportable :
Yes