Ashok Kumar Verma,J. - (1.) This order will dispose of CWP Nos.20406, 20547, 21033, 21143, 21496, 21663, 18317 of 2020, 137 and 139 of 2021 as common questions of law and facts are involved in all the connected writ petitions. For the sake of brevity and convenience, a glance of facts are being taken from CWP No. 20406 of 2020. CWP Nos. 20406, 20547, 21033, 21143, 21496, 21663, 18317 of 2020
(2.) The petitioners have approached this Court through these writ petitions for quashing the notification dated 22.10.2020 (Annexure P-8) concerning the delimitation of wards alongwith map issued by the official respondents which is said to be in violation of the provisions of the Punjab Municipal Corporation Act, 1976 (for short 'Act of 1976'), the Delimitation of Wards of Municipal Corporation Order (for short "Order of 1995"), the Delimitation Act, 1972 (for short 'Act of 1972'), Census Act, 1948 (for short 'Act of 1948'), Census Rules, 1990 (for short 'Rules of 1990') and Chapter IX (A) of the Constitution of India and that too without deciding the objections dated 16.09.2020 (Annexure P-7) submitted by the petitioners with regard to delimitation of the wards, reservation, population, contiguity etc. of the Municipal Corporation, Hoshiarpur. CWP Nos. 137 and 139 of 2021 Through these two petitions the petitioners have challenged the notification dated 17.11.2020 (Annexure P-2) whereby the respondents are said to have changed illegally the serial no. of ward from 12 to 13 and ward no. 4 to 5, respectively.
(3.) Learned counsel for the petitioners have, inter alia, made the following submissions:- i) It has been argued that there is violation of principle of natural justice on the part of the official respondents as they have not considered and decided the objections/representation(s) of the petitioners. Furthermore, the petitioners have not been granted opportunity of personal hearing by the official respondents. ii) Notification dated 22.10.2020 (Annexure P-8) issued by respondent No.2 is illegal and improper since it depicts non-application of mind of the official respondents. It is submitted that delimitation of wards in Municipal Corporation, Hoshiarpur was not warranted as there is neither any change in the boundaries of the city nor any change in the population. As such fresh delimitation of wards was not required. The fact regarding non-increase in the population and non-change in the geographical area/boundary is evident from the information provided vide letter dated 31.07.2020 (Annexure P-6) under Right to Information Act, 2005. iii) Notification dated 22.10.2020 (Annexure P-8) has been issued in violation of the notification dated 09.12.2019 (Annexure P-3). A perusal of notification (Annexure P-3) shows that out of total 50 wards 12 seats were reserved for the candidates belonging to Scheduled Caste category, 36 seats were reserved for General Category and two seats were reserved for Backward Class category candidates. Whereas vide notification (Annexure P-8), the seats belonging to Scheduled Caste category have been increased from 12 to 13 and thereby the seats belonging to General Category have been decreased, which resulted into inadequacy of candidate belonging to General Category in Municipal Corporation, Hoshiarpur. iv) It is further submitted by the learned counsel for the petitioners that the Notification (Annexure P-8) has been issued in violation of the provisions of Chapter IX(A) of the Constitution of India, since Article 243P(g) provides the definition of "population" as ascertained at the last preceding census and in compliance to the said Chapter, Rules of 1990 have been framed which mandates the State Government to issue notifications to freeze the administrative boundaries of local areas on such date as is intimated by the Census Commissioner. The action of the official respondents is against the provisions of Chapter IX(A) of the Constitution of India and their own Notification dated 09.12.2019 (Annexure P-3), which has not been withdrawn. v) It is further argued that Notification (Annexure P-8) infringes upon the rights of the voters of the Wards to vote as provided under Article 326 of the Constitution of India as also the political rights of the petitioners to represent residents of their Wards have also been adversely affected since vide the said Notification the official respondents have re-casted the area/boundaries of the Wards which are wanted to be represented through the petitioners and as such the voters of the areas of the petitioners could not be able to cast their votes in favour of their candidates and thus their right to vote would be affected. vi) The respondents have not applied their mind while issuing Notification (Annexure P-8), which is apparent from the facts that once the Municipal Corporation itself resolved vide Resolution No.52 that upcoming elections will be held on the basis of old delimitation of wards and the said resolution was received by respondent No.5 and without suspending or nullifying the said resolution, Notification (Annexure P-8) was issued illegally since there is no change in the geographical area. vii) Last but not the least, it is argued by the learned counsel for the petitioners that the official respondents have acted in a mala fide manner because of political reasons. ;