BHAGI RATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED counsel for the parties have prayed that the writ petition may finally be disposed of at the admission stage. The prayer is accepted.

(2.) THE State Government purporting to Act under s. 9 of the Rajasthan Municipalities Act, (No. 38 of 1959) for short 'the Act' herein refixed the number of seats for Municipal Council, Sri Ganganagar as 40 vide notification dated September 27, 1982 published in the Rajasthan Rajpatra Extra-ordinary Part VI (Ka) and out of the total 40 seats, 33 seats were declared as general seats and 7 seats were reserved for scheduled caste. THEreafter, by notification dated October 14, 1982 published in the Rajasthan Rajpatra Part VI (ka), the State Government under s. 4 of the Act extended the territorial limits of the Ganganagar Municipal Council. After extension of the territorial limits of Ganganagar Municipality, the Collector, Sri Ganganagar submitted proposals to the State Govt. for fresh delimitation of wards of Ganganagar Municipality vide letter dated October 28, 1982. THE State Government vide Notification dated November 5, 1982 published in the Rajasthan Rajpatra has approved the proposals for delimitation of 40 wards of the Municipality. After considering the objections against the daft proposals, the State Govt. has published an order (Ex. 1) under s. 14 (1) of the Act in Rajasthan Gazette dated December 4, 1982 Part VI (ka ). This order defines the area of each of the 40 wards of the Municipality and denotes the wards which have been reserved for scheduled caste candidates. After publication of the order (Ex. 1), the Sub-Divisional Magistrate, Srigangangar issued a notice (Ex. 2) dated January 3, 1983 that voters list of the Ganganagar Municipality has been kept in the office of the Municipal Council, Ganganagar as well as in his office. Objections, proposals for the correction in the voters list were invited by January 18, 1983. Alongwith the writ petition, the petitioner has filed Schedule- I showing the total population in each ward of the Ganganagar Municipality as well as the population of the members of the Schedule Caste in each ward and Schedule-II showing the total number of votes in each ward of the Ganganagar Municipality.

(3.) THE State Government vide Ex. R. 1 has issued the Circular dated September 27, 1982, the abstract of which is as follows: "before preparing the ward proposals, it will be necessary to work out the average population per seat and shown, in performa 'b' For example in a Municipality where the population is 10,000 and 10 seats the average population per ward will be 1000. You may go upto 900 i. e. 10% less on the lower side and upto 1100 i. e. 10% above on the higher side in order to ensure compactness of the ward. " By addition of the area, the population has been increased by 2346, the reference has been given in Ex. R. 2. Out of this population, 29% is the population of the scheduled caste.