JAI SINGH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the delimitation order dated 1.10.09 published in Rajasthan Gazette dated October 5, 2009 whereby the boundaries of Ward Nos. 2, 3, 19, 22, 24 and 25 of the respondent-Municipal Board, Nimbahera have been modified after publication of final delimitation order dated 12.6.09 in the Rajasthan Gazette dated 22.6.09.

(2.) For the ensuing election of the various municipalities of the State, the process of delimitation of wards was undertaken by the State Government and in this regard, a circular dated 22.12.08 was issued by the State Government for division of wards on the basis of the population as per final returns of census 2001. The total number of seats for the respondent Municipality have been fixed at 30 in terms of provisions of Section 13 of the Rajasthan Municipalities Act, 1959 (in short "the Act of 1959"), and accordingly, the municipal area has been divided into 30 wards.

(3.) As per the provisions of Sub-section (2) of Section 13 of the Act of 1959, the representation of each ward shall be on the basis of the population of the ward and as far as possible the same is required to be in same proportion as the total number of seats for the municipality bear to its population. As per the last census i.e. census 2001, the population of the municipal area, Nimbahera comes to 53,227 and on division of the said population by the number of seats fixed for the respondent Board, the average population of each ward comes to 1777. However, since it is practically impossible to keep the population of each ward equal with mathematical exactitude therefore, vide circular dated 22.12.08, the State Government provided that for formation of the wards, the population of each ward may vary by 10% more or less than the average population arrived at.