Fateh Singh v. Union Of India And Others

2023:PHHC:136707-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-(PIL)-84-20 23 (O&M) Date of decision:- 19.10.2023 Fateh Singh

...Petitioner(s)

Versus

Union of India and others

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. Nitin Mittoo, Advocate, for the petitioner.

Mr. Satya Pal Jain, Additional Solicitor General of India, with Mr. Himanshu Malik, Advocate, for respondents No. 1 and 2 - UOI.

Mr. Prateek Gupta, Advocate, for respondent No. 3.

Ms. Anu Pal, Senior Deputy Advocate General, Punjab. * * * * RITU BAHRI, A.C.J. (ORAL) This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondents to decide his representations dated 03.01.2023 (Annexures P-2 to P-7) and 04.02.2023 (Annexures P-8 to P-13) with regard to re-adjustment of constituency of Phagwara from reserved to general category in the upcoming legislative and general elections in the year 2024 and 2027.

Mr. Satya Pal Jain, learned Additional Solicitor General of India, appearing for respondents No. 1 and 2 - Union of India, states that the petitioner's representations cannot be decided, at this stage, keeping in view the fact that the Delimitation Commission is competent to decide the issue raised in the present writ petition and the last census report was of 2011 and for the next election the census report has not come till date. However, as and when the report comes, the Delimitation Commission will be constituted and the petitioner will have a cause of action at that stage. The writ petition is being disposed of giving liberty to the petitioner to take steps in accordance with law, if so advised, after the fresh census report comes.

(RITU BAHRI) ACTING CHIEF JUSTICE (NIDHI GUPTA) JUDGE 19.10.2023 Amodh Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2023.10.31 17:53 I attest to the accuracy and authenticity of this order/judgement