RAKESH SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in Civil Writ Petition No. 15244 of 2005 is to the notification dated 01.09.2005, Annexure P-3, creating different wards and fixing the number of persons to be elected from the said wards under the Delimitation of Wards of Municipalities Rules, 1972 (hereinafter to be referred as "the Rules").

(2.) THE petitioner has alleged that in year 1993, Nangal Township was provided with a Municipal Council. Prior thereto, there was a Notified Area Committee. In the elections held in November, 1994, the petitioner was elected as a member of the Municipal Council, Nangal, from one of its seventeen wards. In June, 2000, again the elections were held for 17 wards. The petitioner did not contest the election. It is the case of the petitioner that elections to Municipal Council, Nangal, are due in November, 2005 but the State of Punjab has decided to increase the number of wards of Municipal Council, Nangal, from 17 to 19. It is the case of the petitioner that, as per census of 2001, the population of urban area of Nangal is 46694, whereas, as per information collected by the staff of the Municipal Council, Nangal, the population is 38332.

(3.) IN reply, apart from denying the allegations levelled by the petitioner, it was pleaded to the following effect :-