SANJIV KUMAR Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present writ application is to the final publication of the Wards relating to 75 Wards of the Patna Municipal Corporation.

(3.) Learned counsel for the petitioner submitted that in terms of various communications made by the Patna Municipal Corporation, there is discrepancy with regard to the population shown, both in the total number as well as the break up concerning the population of the Scheduled Castes and the Scheduled Tribes, especially in Ward No. 22. He further submitted that from perusal of the publication in Form-6, it would be apparent that there is great disparity between the populations of the Wards, which makes it unreasonable. Learned counsel submitted that in one particular case relating to Bindeshwari Nagar, which formed part of Ward No. 22, prior to the present exercise where it has been shown to be part of Ward No. 22B. It was submitted that this shifting of Bindeshwari Nagar from Ward No. 22 to the newly created Ward No. 22B is impermissible in view of the decision of the State Government that no fresh delimitation will take place. He further submitted that the objections filed by the petitioner dtd. 11/11/2016 and 16/11/2016, have not been considered or disposed off by the authority concerned and any further action in the matter is thus vitiated in law. Learned counsel for the respondents accepted that there were discrepancies in the figures shown in the communication of the Patna Municipal Corporation, but finally, as per the 2011 census, the correct figure for Ward No. 22, as it was existing, including five Panchayats comes to 100261 of which Scheduled Castes comprised 10352 and the Scheduled Tribes 877. It was submitted that in the aforesaid five Panchayats, the total population is 62161 of which the Scheduled Castes population is 9412 and Scheduled Tribes is 736 and, thus, the total population of Ward No. 22 would be 38100 including Scheduled Castes 940 and Scheduled Tribes 141. It was submitted that this was the authentic figure, as per the 2011 census. He further submitted that as per the previous delimitation of Wards reflected in the map prepared, Bindeshwari Nagar was never part of Ward No. 22, though certain persons had got themselves enrolled as voters for Ward No. 22 and they have also derived the benefits as such voters. It was submitted that now Bindeshwari Nagar, because of its sheer geographical location, is part of the newly created Ward No. 22B. Learned counsel submitted that initially the area of Bindeshwari Nagar was included in the aforesaid five Gram Panchayats, and thus, the census figures of the said five Gram Panchayats included the population of Bindeshwari Nagar. Learned counsel submitted that as far as consideration of the objection of the petitioner is concerned, the time limit for filing such objection was 17/10/2016 and the petitioner had filed his objection on the very last day which has been considered by the concerned authority on 24/10/2016. It was submitted that the only objection was with regard to the population figures, which stand corrected as per the officially released figures of the 2011 census.