RAKESH PANDEY Vs. AMRITO DAS

JUDGEMENT

(1.) Heard.

(2.) Learned counsel for the petitioner would submit that as per Section 29 of the Chhattisgarh Municipalities Act, 1961 (for short 'the Act, 1961') the determination of number and extent of wards has to be done as per the person who are liable to vote. It is stated that in the instant case at para 8.14 it would reflect that for Nagar Panchayat, Berla, District Bemetara, 15 wards have been constituted and the numbers of voters are variable. He would further submit that as in many wards as against the other wards, the three times of voters exists, thereby there has been a violation of sub-section (3) of Section 29 of the Act, 1961. He would further submit that the objection though has been raised, which has not been adhered too, therefore, the limitation as has been carried out being against the law cannot be given effect to.

(3.) Per contra, learned State counsel would submit that the limitation of the wards and reconstitution thereof depend on the population of each ward and as per the last census of 2011, the delimitation was carried out. It is stated that the population and the voters cannot be the amalgamated. It is only on the basis of the population, the delimitation and reconstitution of wards are carried out. He would further submit that the final notification has been made on 16 th of July, 2019. As per Rule 8 of the Chhattisgarh Municipalities (Extent of Wards) Rules, 1994 (for short 'the Rules, 1994'), therefore, this petition has become infructuous.