Hemant Gupta, J. - (1.) THE challenge in Civil Writ Petition No. 15244 of 2005 is to the notification dated 01.09.2005, Annexure P -3, creating different wards and fixing the number of persons to be elected from the said wards under the Delimitation of Wards of Municipalities Rules, 1972 (hereinafter to be referred as "the Rules").
(2.) THE petitioner has alleged that in year 1993, Nangal Township was provided with a Municipal Council. Prior thereto, there was a Notified Area Committee. In the elections held in November, 1994, the petitioner was elected as a member of the Municipal Council, Nangal, from one of its seventeen wards. In June, 2000, again the elections were held for 17 wards. The petitioner did not contest the election. It is the case of the petitioner that elections to Municipal Council, Nangal, are due in November, 2005 but the State of Punjab has decided to increase the number of wards of Municipal Council, Nangal, from 17 to 19. It is the case of the petitioner that, as per census of 2001, the population of urban area of Nangal is 46694, whereas, as per information collected by the staff of the Municipal Council, Nangal, the population is 38332. It is alleged that the Delimitation Board constituted under the Rules recommended its proposal for delimitation of wards. Such proposal was notified by the State Government and objections thereto were invited. 21 objections were filed but no weightage was found in any of the objections. But on 8.8.2005, the Additional Secretary in the Department of Local Self Government got a note recorded that it has come to their notice during discussion that the numbering of the wards has been done from North -East instead of North -West and they decided to change the numbering from North -West. It is the case of the petitioner that such change was contrary to the recommendations of the Delimitation Board and without inviting any fresh objections to the proposed change. It is contended that such change was made effective at the instance of Local Member of Legislative Assembly belonging to the then ruling party, whereas the petitioner is a member of BJP, then in opposition. It is pleaded that the change was effected so as to reserve the ward for women, from which the petitioner was to contest the election. Such change has been effected with mala fide consideration and because of undue influence and pressure exerted by respondent No. 3 on respondent No. 1.
(3.) IN reply, apart from denying the allegations levelled by the petitioner, it was pleaded to the following effect: It may be clarified here that before the "final order", as provided under Section 9 of 1972 Rule was published in official gazette, it was noticed that "Delimitation Board" while allocating/making numbering of wards has committed an error by awarding numbers by following route starting from North -East whereas as per the established principle followed by the department, the numbering is made by starting from the northern boundary of the city towards the western boundary i.e. clock wise. Accordingly, to bring uniformity in the process of awarding number to the wards of Municipality, it was decided to award numbers by starting from northern -west boundary of city and thence moving towards the northern -east boundary. It is, however, clarified that numbering of wards was made in continuous process without any break until the numbering reached at the starting point that is ward No. 1. Almost on the similar lines is the reply of respondent No. 2 and that of respondent No. 3.;