R M BAGAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been brought for issuance of writ of mandamus requiring the respondents to immediately and forthwith revise and up-to-date the electoral rolls of Delhi before the elections to the Municipal Corporation of Delhi are held in Feburary 1994.

(2.) This petition was filed on December 23, 1993 and on the following day the notice to show cause had been issued and the respondents were restrained from issuing any notification regarding holding of any elections for Municipal Corporation of Delhi till the next date of hearing i.e. January 5, 1994. Before that date the respondents moved an application C.M.9458/93 for vacation of the stay order and on December 31, 1993, the court directed for issuance of notice to the petitioner for 2 P.M. on the same day and then the learned Vacation Judge vide order dated December 31, 1993, permitted the respondents to issue the notifications for holding the elections but made it clear that issuance of such notifications would be subject to the result of the writ petition.

(3.) On December 30, 1993, a notification had been issued by the Administrator of the National. Capital Territory of Delhi by which he determined the number of wards 276 as 134 and also the extent of each of these wards as contained in table A annexed with the notification. On the same date another notification was issued by the Election Commissioner for the National Capital Territory of Delhi under sub-section (6) of Section 3 of the Delhi Municipal Corporation Act, 1957, as amended by Act 67 of 1993 (for short 'the Act') by which the seats reserved for scheduled castes and for scheduled castes women and for women in general category were detailed out.