SHIV SINGH SEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this writ petition, the petitioner has, inter alia, prayed for the f ll wing reliefs:-

(2.) The case of the petitioner is that State Election Commission, Himachal Pradesh, vide Notification dtd. 24/5/2025 (Annexure P-1), in exercise of powers conferred under Ss. 9 and 10 of the Himachal Pradesh Municipal Corporation Act, 1994 as well as Ss. 10 and 281 of the Himachal Pradesh Municipal Corporation Act, 1994 as also the Himachal Pradesh Municipal Corporation Election Rules, 2012 and the Himachal Pradesh Municipal Election Rules, 2015, issued programme of delimitation of wards of Urban Local Bodies in the State (excluding Municipal Corporation Shimla). The programme issued by the State Election Commission is reproduced hereinbelow:- "Notification 2.The State Election Commission in exercise of the powers vested in Article 243ZA of the Constitution of India, Sec. 9 and 10 of the H.P. Municipal Corporation Act, 1994 and Sec. 10 and 281 of the H.P. Municipal Act, 1994 read with Rules 6 and 10 of the H.P. Municipal Corporation Election Rules, 2012 and he H.P. Municipal Election Rates 2015 hereby issued the following program for delimitation of wards of Urban Local Bodies in the State (excluding Municipal Corporation Shimla): <IMG>JUDGEMENT_40_LAWS(HPH)7_2025_1.jpg</IMG>

(3.) According to the petitioner, he filed objections with regard to delimitation of wards of Municipal Council, Sundernagar. The objections were filed by the petitioner on 12/6/2025 and the same were heard by Deputy Commissi ner on 11/6/2025. The objections of the petitioner were rejected by the Deputy Commissioner on 16/6/2025. The efore, the petitioner in terms of Annexure P-3 received the rejection order qua his objections on 21/6/2025 and he immediately filed are appeal before the Divisional Commissioner within the time frame mentioned in the Notification. The appeal filed by the petitioner was returned back to him with a Note t ereupon that the same was time barred. The petitioner filed CWP No.10661 of 10661 of 2025, titled Shiv Singh Sen Versus State of Himachal Pradesh and others, which was disposed of by this Court vide order dtd. 4/7/2025, with the direction to the Appellate Authority to entertain the appeal and thereafter, pass appropriate order thereupon after hearing the parties. The relevant portion of the judgment is quoted hereinbelow:-