GURSEWAK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has approached this Court challenging the final notification dated 17.11.2020 (Annexure P-l) and the subsequent orders/ voter lists, copies of which have been appended as Annexures P-5 to P-21 for the upcoming election of Municipal Council Jaito, District Faridkot.

(2.) The basic argument of the counsel for the petitioner is that the objections submitted by the petitioner on 30.10.2020 (Annexure P-2) to the draft notification dated 27.10.2020 have not been considered by the respondents. Referring to the voters' list as also with reference to the number of votes in the particular wards, it has been contended by the counsel for the petitioner that there is a glaring difference of number of voters when seen with reference to ward No.1 vis-a-vis the other wards, especially ward No.9. He on this basis contends that there has been violation of Rule 6 (b) of the Delimitation of Wards of Municipalities Rules, 1972 (hereinafter referred to as '1972 Rules'). Prayer has thus been made for setting aside the impugned notification and the consequential action taken by the respondents.

(3.) Counsel for the State, on the other hand, asserts firstly on the factual aspect that no objections have been submitted by the petitioner as there is no receipt of such objections as is alleged to have been submitted by the petitioner. That apart, he asserts that the counsel for the petitioner has misread the provisions of Rule 6 of 1972 Rules, which speak of population, whereas the petitioner is referring to the voters in a particular ward. He on this basis contends that the writ petition deserves to be rejected on this ground alone.