- (1.) WE have heard learned counsel appearing for the parties.
(2.) THIS writ petition has been filed, challenging the impugned order dated 30.04.2015 with a map of delimitation of wards of Nagar Palika Nokha, and the consequential voters list, dated 13.06.2015, summary of which is provided in Annexure -4 to the writ petition, with further prayers to finalize the reconstitution and delimitation of the wards of Nagar Palika, Nokha, District Bikaner, after following the statutory provisions and guidelines/instructions, and then to hold the elections of Nagar Palika, Nokha. The petitioner was an elected member of Nagar Palika, Nokha, Chairman of Nokha Vikas Manch, and also a member of the Rajasthan Legislative Assembly from 2008 -2013.
(3.) IT is submitted that delimitation of the wards of the Municipality in the elections, to be held in the year 2015, has not been made in accordance with Section 9 of the Rajasthan Municipalities Act, 2009 (in short, 'the Act of 2009'), and the Rules of 1994, made thereunder, inasmuch as before re -arranging the wards increasing the numbers from 30 to 35, a draft order under sub -section (1) of Section 10, providing for the wards into which each Municipality shall, for the purpose of elections, be divided; the extent of each ward; the number of seats; and the number of wards for women candidates, was not published, inviting objections within a period of seven days, with a copy of the same sent to the Municipality concerned for comments under sub -section (4) of Section 10, on account of which objections could not be filed by the petitioner, and cannot be decided under sub -section (5) of Section 10 of the Act of 2009, vitiating the entire exercise of delimitation of the wards.;