RAMESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Three points have been urged before us in this bunch of writ petitions. The first point taken is that, under section 15 of the Punjab Municipal Corporation Act, 1976 , the elections are called by the Director and a date has to be fixed by him. The allegations are that this has not been done. In the return filed on behalf of respondent Nos. 1 and 2, it has been clearly stated that the elections were in fact called by the Director vide Notification dated 11th March, 1991 (Annexure R-1/B) and the dates were also fixed vide Annexure R-1/C. It was subsequent to the circulation of the election programme as determined by the Director Annexure R-1/C that the Deputy Commissioner notified the individual dates for their respective areas. This argument of the petitioner is, therefore, misplaced.

(2.) The second argument raised was that the elections should not have been held on the basis of the Rolls first made in 1980 as the same have become out dated by the passage of time. In the reply, it have been stated that the 1980 Rolls were periodically revised and updated during the years 1984, 1986, 1989 and 1990. As a matter of fact, even after the calling of elections on 11th March, 1991, a further period of four days was given to the new voters to apply for enrollment. In view of the stand taken by the respondent and considering that the Rolls have in fact been updated over the last many years, the grievance of the petitioners is misplaced. The final Rolls were published on 13th September, 1990 after all the changes had been incorporated and in fact four days were given for fresh enrollment even after 11th March, 1991. It was this upto date electoral roll that was used for the election which has since been completed on 28th April, 1991.

(3.) The third grievance of the petitioners is that the limitation of the wards has also become outdated by the passage of time. It has been stated in the reply on behalf of respondent Nos. 1 and 2 that the schedule of the boundary of each proposed ward was published in the official Gazette for inviting objections and suggestions from the Public and after considering them, the final publication thereof, was made in the official Gazette dated 27th October, 1980. No meaningful argument has been raised in support of this submission.