ELECTION COMMISSION OF INDIA Vs. MOHAMMAD ABDUL GHANI

JUDGEMENT

(1.) Sixteen villages in the territorial division of District Murshidabad on the west bank of river Ganges in the State of West Bengal formed part of 8-Jangipur Parliamentary Constituency, and the elections in 1977, 1980 and 1982 were held on this basis. This is how these villages were described in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 (for short, "the Delimitation Order, 1976"). However, the river Ganges having started changing its course in 1957, ultimately brought about the change because of which these 16 villages came to be located towards the east bank of the river. After this change these villages came to form part of the territorial division named as District Malda. The State Government made the consequential changes in the description of these villages when they became part of District Malda for all administrative purposes. In spite of this geographical changes resulting in inclusion of these 16 villages in the territorial division of District Malda for administrative purposes, the position of these villages remained unaltered for election purposes and they continued to form part of 8-Jangipur Parliamentary Constituency in accordance with the Delimitation Order of 1976 made on the basis of the previous census held in 1971. The next census is now due after the year 2000.

(2.) The respondents who are residents of these villages filed a writ petition in 1984 in Calcutta High Court claiming that as a result of the above geographical change, these 16 villages should now form part of the Malda Parliamentary Constituency since they have become a part of District Malda instead of the earlier District Murshidabad, It was claimed that this is the duty cast on the Election Commission to make such change by virtue of Section 9(1) (b) of the Representation of the People Act, 1950 (for short &apost;the R. P. Act, 1950). A writ of mandamus was claimed in the writ petition to direct the Election Commission to make this change &apost;. That writ petition has been allowed by a learned Single Judge of the High Court, who has also granted a certificate under Article 132 of the Constitution for appeal to this Court. Hence this appeal.

(3.) The only question for decision is : Whether the above geographical change resulting in these 16 villages becoming pan of District Malda when earlier they formed part of District Murshidabad, requires these villages to be included now in Malda Parliamentary Constituency instead of Jangipur Parliamentary Constituency as shown in the Delimitation Order, 1976 This question has to be answered with reference to Section 9(1)(b) of the R. P. Act, 1950 and Section 11(1)(b) of the Delimitation Act, 1972 read with the Third proviso to Article 82 of the Constitution of India.