MEHAR SINGH CHAUHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THE exercise connected with delimitation of assembly constituencies in the State of Himachal Pradesh was carried out by respondent No. 2 -Delimitation Commission, based on 2001 census, pursuant to Notification dated 27th March, 2006, Annexure P -5.

(2.) THE grievance raised by the petitioners relates to delimitation of Assembly Constituency, Theog, District Shimla. According to the petitioners, the erstwhile Assembly Constituency, Theog, has been reconstituted in such a fashion that substantial parts thereof have been merged with adjoining Constituencies of Chopal and Kasumpti in District Shimla and to make good the shortfall, a sizeable portion of erstwhile Kumarsain Assembly Constituency has been merged with the newly carved out Assembly Constituency, Theog.

(3.) TO meet the above objections, respondent No. 2 -Delimitation Commission has setup the following averments vide paras 8 to 10 of the preliminary submissions: 8. That the petitioner has contended that extent of 61 -Theog Assembly Constituency should have entire Theog Tehsil as per the existing 7 -Theog Assembly Constituency and some areas of 62 -Kasumpti Assembly Constituency may be added in 61 -Theog Assembly Constituency for adjusting its lesser population. This contention has no merit. 9. That the suggestions/objections of the petitioners with regard to the draft delimitation proposal of the Commission published in newspapers on 27.03.2006 were received in the Commission. This was included in the consolidated list of gist of suggestions which were to be discussed in the public sittings. Public sitting in respect of the Shimla district was held at Shimla on 25.04.2006. The Commission has maintained complete video/audio of the complete public sitting proceedings (including the appearance of the petitioner) and can be produced in the court. It may be added that before concluding the public sittings, the Commission gave specific opportunity to everyone present to have his say even if he had not made any written suggestion/objection earlier in respect to the Commission 'spublic notice dated 31.03.2006. 10. All the proposals/suggestions/objections received during and after the public sittings were discussed in detail with the Associate Members and also in the various meetings of the Commission taking into account the relevant considerations mentioned in Section 9, like geographical/physical compactness and the provisions of the Delimitation Act, 2002 . After considering all suggestions/representations and the views expressed at the public sittings, the Commission, inter alia, decided to accede to some portion of the suggestions by the petitioner and Mandu, Ballag and Nahol PCs of Dhamanderi KC of Theog Tehsil were excluded from 60 -Chopal AC and were included in 61 -Theog AC. The Commission published the final order in the Central and State Gazettes on 10.01.2007 and also in newspapers.