shimla, june 3
The HP High Court today quashed and set aside the order passed by the Deputy Commissioner, Shimla, relating to delimitation of two municipal wards, namely Nabha and Summer Hill of the Municipal Corporation, Shimla.
Facts to be considered
The Deputy Commissioner was required to take into consideration the fact that equal population as far as practicable in each ward be maintained and each ward was also required to maintain geographical compactness and be contiguous in areas and recognisable boundaries. – HC Bench
While quashing the order, a division bench comprising Acting Chief Justice Sabina and Justice Satyen Vaidya directed the Deputy Commissioner to dispose of the objections filed by the petitioners afresh, in accordance with law, after appreciating the material available on record.
The matter came up before the court through two different petitions filed by one Rajeev Thakur of Summer Hill Ward and Simi Nanda, a sitting councillor of Nabha Ward, contending that while making delimitation the Deputy Commissioner (DC), Shimla, has not taken care of the problems of the residents of that areas.
In another petition, the petitioner contended that while making this process the Deputy Commissioner has included one side of Boileauganj Bazaar in the Summer Hill Ward, whereas there is already ward in the name of Boileauganj.
It was further contended that against this delimitation of ward, they have preferred the objections before the Deputy Commissioner, Shimla but the same was rejected by the Deputy Commissioner in a cursory manner without actually redressing the exact problem.
It was further contended that thereafter the petitioners filed an appeal against the rejection order of the Deputy Commissioner before the Divisional Commissioner, Shimla but he also dismissed the appeal.
While setting aside the orders passed by the Deputy Commissioner as well as the Divisional Commissioner, Shimla, the court observed that “the Deputy Commissioner was required to take in consideration the fact that equal population as far as practicable in each ward be maintained and each ward was also required to maintain geographical compactness and be contiguous in areas and recognisable boundaries.”
The bench further observed that “we are of the considered opinion that the order passed on February 24, 2022 by the Deputy Commissioner had not been passed in accordance with the provisions of the Act and the rules while dealing with the fixation of limits of the wards.”
It further held that “the appellate authority (Divisional Commissioner), while dismissing the appeals filed by the petitioners, has also failed to consider this aspect of the matter. The appellate authority, in a mechanical manner, has dismissed the appeals filed by the petitioners without going into the factual aspect of the matter.”
#order #delimitation #municipal #wards #set
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