Deep Kumar And Another vs State Of H.P And Others
2021 Latest Caselaw 1362 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CWP No. 5440 of 2020

.

                                                          Reserved on: 24.2.2021





                                                          Decided on : 26.2.2021

    Deep Kumar and another                                                          Petitioners.





                                                 Versus
    State of H.P and others                                                         Respondents.
    Coram:

Hon'ble Mr. Justice Sureshwar Thakur, Judge.

Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 Yes.

For the petitioners: Mr. G.R Palsara, Advocate.

For the respondents: Mr. Ashwani Sharma, Addl.A.G with Mr. Vikrant Chandel, Dy.A.G for respondents No.1 and 3.

                                                  Mr. H.S Rangra,                    Advocate,          for
                                                  respondent No.2.

Mr. Ajeet Singh Saklani, Advocate, for

respondent No.4.

Sureshwar Thakur, Judge

The writ petitioners claim rendition of a mandamus

upon the respondents concerned, for, setting aside impugned

Annexure P-1, wherethrough, wards No. 1,2 and 3 of Tung

Panchayat, become, included in Paddal ward, and, whereupon there

is purported wreaking of discrimination, upon, the writ petitioners,

Whether reporters of the local papers may be allowed to see the judgment?

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who rather belong to Bhiuli ward, ward whereof, previously was a

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part of Tung Panchayat, whereupon, the, creation of ward

nomenclatured as Paddal, is, claimed to be unwarranted, as, there is

lack of inter-se geographical contiguity/proximity inter-se paddal

and Bhiuli.

2. It is also contended in the writ petition, that, the

mandate of clause 4, Chapter-II ( Delimitation and Reservation of

wards) of the Himachal Pradesh Municipal Election Rule, 2015,

provisions whereof stand extracted hereinafter, become infringed,

in as much, as, digression thereof becomes aroused, rather arising

from lack of geographical compactness, inter-se, Paddal and Bhiuli,

and, also from lack of inter-se contiguity, inter-se, the area(s) falling

within Bhiuli, and, those falling within Paddal, given, rather the

stream/rivulet severing both Paddal and Bhiuli, making the latters'

geographically disjunctive.

"4 Limit of wards:- (1) As far as practicable, each ward shall have equal population, throughout the municipal area and each ward shall be geographically compact and contiguous in areas, and shall have recognizable boundaries, such as roads, paths, lanes, streets, stream, canals, drains, Bridges, Railway lines or such other marks or boundaries which can be easily distinguished."

...3...

3. The respondents contested the afore espousals, raised in

.

the writ petition, and, the substratum thereof becomes enumerated

in paragraph 2 of the reply, paragraph whereof stands extracted

hereinafter:-

2. That the contents of Para No. 2 of

the Civil Writ Petition are admitted to the extent that Govt. of H.P. has given the status of Municipal Corporation to the Municipal Council Mandi and the draft proposal of Delimitation of wards of Municipal rCorporation Mandi has been issued by the Deputy

Commissioner, Mandi. It is also admitted that the petitioners belongs to Bhiuli area which was the part of Gram Panchayat Tung and during the delimitation of Municipal Council Mandi ward No.1,2 and 3 of Gram

Panchayat Tung has been included in new Municipal Corporation Area in Ward Paddal. Rests of the contents of this para are wrong, false and incorrect, hence

denied. It is submitted that wards No.1,2 and 3 of Gram Panchayat Tung has rightly been included in Paddal

ward and has been done so within the framework Municipal Corporation Act and Rules. Further it is submitted that as per the Municipal Corporation Act,

Minimum population of 2500 is required (Census 2011) for form a ward in the Municipal Corporation. Many of the existing wards of erstwhile Municipal Council had to be re-arranged and some had to be merged with the erstwhile Panchayat area to meet the minimum population criteria of a ward of Municipal Corporation. This was done as per census enumeration blocks of census 2011 keeping geographical contiguity in mind. The census enumeration blocks have mostly been kept intact as each block has detailed population of male, females, Schedule Caste and Schedule Tribes which is required for making the reservation roaster

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and breaking these enumeration blocks would required conducting detailed Field Survey keeping in order to

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ensure that there is no discrepancy in the reservation roaster letter. Also it is submitted that as per the Act, the population data has to be as per 2011 census and

any Field survey if done has to be done keeping in mind 2011 census and not the population today. During Delimitation process, the total population of proposed ward Nela as per census 2011 was 1974 including

Muhal Nela, Shilha Kippar, D.P.F Kangni, Chadyana, Dudar & Bharaun and 552 population adjoining to the above Muhal from Paddal ward of Municipal Council Mandi was taken into ward Nela to make population

2526 as there was no other option. The remaining

population of Paddal ward left out 1778 and to make its population 2500, the nearest area of Bhiuli (Ward No. 1,2 & 3 of Gram Panchayat Tung) was included in the Paddal ward as it was geographically contiguous.

Further it is submitted that the enumeration block of census 2011 was taken as basic unit to formulate wards for proposed Municipal Corporation Mandi so that

there is no discrepancy in the population criteria and hence the objection raised by the present petitioners are

not based on facts and hence are not sustainable in the eyes of law."

4. A perusal of the afore paragraph, does underscore(s)

that the decision to make the impugned Annexure, becoming

completely rested, upon, the completest adherence being made, to

the apposite provisions of the apposite statute. Moreover, even if

there is a river purportedly separating Bhiuli and Paddal, yet, the

afore separations, hence caused by a river, (a) per se, does not

bolster any inference, that there is lack of inter-se contiguity inter-

...5...

se Bhiuli and Paddal, (b) nor any further inference can become

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sparked that there is lack of compactness, inter-se the newly created

wards, hence from, the earstwhile Tung Panchayat, and

wheretowhich, becomes designated Paddal ward (c) as the apposite

river is navigable from either of its banks, and, also one or the

other, of the afore parts of the M.C Mandi, in as much as Bhiuli,

and, Paddal, are even otherwise as unfolded in the reply, filed to the

writ petition rather accessible, approachable and reachable through

fully pliable roads.

5. Be that as it may, since no averment, to, repulse the

afore made contentions, becomes pronounced in the rejoinder filed

to the reply furnished to the writ petition by the petitioners, (a)

thereupon the decision, as, comprised in the apposite well reasoned,

and , non-arbitrary Policy is not interfere-able, by this Court, rather,

the writ petition appears to be an endevour to earn political clout,

and, to ensure the maintenance of the electoral base of the writ

petitioners. The afore endevour of the writ petitioners cannot be

accepted by this Court, as, the writ petitioners rather than trying

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schismatic stratagems, at the micro level, may attempt to expand

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their political base, through doing yeoman service to the electorate.

In view of the above, there is no merit in the petition,

and, the same is accordingly dismissed. All pending applications

stand disposed of accordingly.

                   r           to                ( Sureshwar Thakur),
                                                       Judge.

    26th February, 2021                 ( Chander Bhusan Barowalia ),
    (priti)                                              Judge.