Keep final notification on Zirakpur MC delimitation in abeyance: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, August 11

A month after a notification was issued by the Department of Local Government for the constitution of a delimitation board to readjust of wards of Zirakpur municipal council, the Punjab and Haryana High Court today directed that final notification in the matter of delimitation be kept in abeyance.

‘Process started to seek political advantage’

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• Petitioner’s counsel contended that the Census Commissioner on September 6, 2019, issued an order/letter to the respondent-state government in accordance with the provisions of the Census Rules. It stated that all proposals by various departments of the state for changing the boundaries of existing districts, municipalities etc should be finalised and given to effect before December 31, 2019. After that the administrative boundaries would stand frozen.
• The respondent-department also issued a notification dated November 21, 2019, stating that the administrative boundaries of all the districts, tehsils, towns, villages, wards etc in Punjab stood frozen from January 1 to March 31, 2021.

The direction by the Bench of Justice Jaswant Singh and Justice Ashok Kumar Verma came on a petition filed against the Union of India and other respondents by former chief of Zirakpur municipal council Kulwinder Singh through senior counsel Deepinder Singh Patwalia and advocate Gaurav Rana. The Bench also fixed August 27 as the next date of hearing in the matter after hearing preliminary arguments through video-conferencing. The copy of the order was not yet available.

Challenging the entire delimitation process undertaken by the respondent-state, senior counsel Patwalia contended that the same was being done without following democratic principles to seek “some political advantage”.

Going into the background of the matter, Patwalia contended that the Census Commissioner on September 6, 2019, issued an order/letter to the respondent-state government in accordance with the provisions of the Census Rules. It stated that all proposals by various departments of the state for changing the boundaries of existing districts, municipalities etc should be finalised and given effect before December 31, 2019. After that the administrative boundaries would stand frozen.

The respondent-department also issued a notification dated November 21, 2019, stating that the administrative boundaries of all the districts, tehsils, towns, villages, wards etc in Punjab stood frozen from January 1 to March 31, 2021.

Patwalia added that Punjab in complete violation of the order/letter dated September 6, 2019, as well as notification dated November 21, 2019, issued another notification for constitution of delimitation board and preparation of fresh delimitation of Zirakpur Municipal Council, Zirakpur

Patwalia contended: “The administrative boundaries of all wards in all municipalities of Punjab stand frozen vide notification dated November 21, 2019. Therefore, the notification dated July 14 is completely illegal as it violates the embargo put by the notification dated November 21, 2019, as per the provisions of a Central Legislation.”

He said the constitution of the delimitation board itself was in violation of the relevant rules, as the state government had power to nominate only one member through notification. But it nominated two members to be part of the delimitation board.

Patwalia further added a municipality’s population was to be determined on the basis of previous census, which was conducted in 2011. As such, fresh delimitation was not even warranted till the next census in 2021.