DEEP KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The writ petitioners claim rendition of a mandamus upon the respondents concerned, for, setting aside impugned Annexure P-1, wherethrough, wards No. 1,2 and 3 of Tung Panchayat, become, included in Paddal ward, and, whereupon there is purported wreaking of discrimination, upon, the writ petitioners, who rather belong to Bhiuli ward, ward whereof, previously was a part of Tung Panchayat, whereupon, the, creation of ward nomenclatured as Paddal, is, claimed to be unwarranted, as, there is lack of inter-se geographical contiguity/proximity inter-se paddal and Bhiuli.

(2.) It is also contended in the writ petition, that, the mandate of clause 4, Chapter-II ( Delimitation and Reservation of wards) of the Himachal Pradesh Municipal Election Rule, 2015, provisions whereof stand extracted hereinafter, become infringed, in as much, as, digression thereof becomes aroused, rather arising from lack of geographical compactness, inter-se, Paddal and Bhiuli, and, also from lack of inter-se contiguity, inter-se, the area(s) falling within Bhiuli, and, those falling within Paddal, given, rather the stream/rivulet severing both Paddal and Bhiuli, making the latters' geographically disjunctive.

(3.) The respondents contested the afore espousals, raised in the writ petition, and, the substratum thereof becomes enumerated in paragraph 2 of the reply, paragraph whereof stands extracted hereinafter:-