The petitioner challenged orders turning down objections against the wardbandi of Shahzadpur alleging procedural irregularity. The court observed that modifications were made to balance ward populations and caused no serious prejudice.
The petition was dismissed as no interference with the impugned orders was called for.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.20276 of 2015 Date of Decision: December 17, 2015
Parveen Sharma
....Petitioner
versus
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE P.B.BAJANTHRI.
Present: Mr.Nitin Mittal, Advocate, for
Mr.Rakesh Gupta, Advocate, for the petitioner. Ms.Kirti Singh, Deputy Advocate General, Haryana.
-.-
Surya Kant, J. (Oral)
The petitioner is a resident of village Shahzadpur, Tehsil Naraingarh, District Ambala. He challenges the orders dated 25.06.2015 (P-1) and 06.07.2015 (P-2) whereby objections against the wardbandi of Shahzadpur wards were turned down.
One of the grievance of the petitioner is that the draft- wardbandi was made in accordance with law but it has been altered in the final notification on acceptance of objections filed by some residents of village Panjeta, Tehsil Naraingarh, District Ambala and while doing so the persons who were likely to be affected by the final Notification, were not heard.
The respondents have filed their reply-affidavit which is taken on record.
MOHINDER KUMAR 2016.01.07 15:50 I attest to the accuracy and authenticity of this document Chandigarh
CWP No.20276 of 2015
[2]
Preliminary Submission No.5 of the reply-affidavit is to the following effect:-
“5. That it is also relevant to mention here that the crux of the matter is that as per preliminary publication of ward bandi of Zila Parishad, Ambala dated 18.06.2015, Ward No.2 of Zila Parishad, Ambala consists of Ward Nos.1,2,3,5,9,14,15,17,18 of Panchayat Samiti, Shahzadpur having population 44889 and ward No.3 of Zila Parishad, Ambala consists of ward Nos.4,6,7,10,11,12,13,16 of Panchayat Samiti, Shahzadpur having population 39912. After the submission of objections and suggestions received from the general public including petitioners. The matter has been examined in the lights of facts and geographical compactness of the area and it has been found that there is a big difference between population of ward No.2 and 3, i.e., 4977 (44889-39912). Therefore, in order to minimize the difference and after taking into consideration the objections and suggestions, the matter has been decided by the answering respondent No.3 vide order dated 25.06.2015 (P-1) and vide order dated 06.07.2015 by the respondent No.2 i.e., Additional Deputy Commissioner, Ambala by making the following alteration in preliminary publication as shown below in tabulated form.
MOHINDER KUMAR 2016.01.07 15:50 I attest to the accuracy and authenticity of this document Chandigarh
CWP No.20276 of 2015
[3]
Position of Ward Nos.2 and 3 Position of Ward Nos.2 and 3 of Zila of Zila Parishad Ambala in Parishad Ambala in Final Publication. Preliminary Publication.
| No.of Ward |
No.of Wards of |
Total population |
No.of Ward of |
No. of Wards of P.S. |
Total Populatio |
|---|---|---|---|---|---|
| of | P.S. | Z.P. | Shahazpur. | n | |
| Z.P. | Shahzadpu r |
||||
| Ward | 1,2,3,5,9,14, | 44889 | _Ward No.2. _ | 1,2,3,5,9,11, 14, | 43591 |
| No.2 | 15,17,18. | 18. | |||
| Ward | 4,6,7,10,11, | 39912 | _Ward No.3. _ | 4,6,7,10,12,131 | 41210” |
| No.3 | 12,13,16. | 5,16,17. |
It may thus be seen that total population of Ward Nos.1,2,3,5,9,14,15,17&18 was 44889 and that of Ward Nos.4,6,7,10,11,12,13&16 was 39912. Ward No.17 has now been shifted from Ward No.2 to Ward No.3 and in this manner, the population of first lot was reduced to 43591 while that of lot 2 was increased to 41210. Such like minor reshuffle appears to be an act of balancing the voters and population of the two wards of Zila Parishad. The aforementioned decision of the authorities appears to have caused no serious prejudice to the petitioner, rather it has been done in public interest.
No interference with the impugned orders is called
for.
Dismissed.
[SURYA KANT] JUDGE
December 17, 2015 mohinder
[P.B.BAJANTHRI] JUDGE
MOHINDER KUMAR 2016.01.07 15:50 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether the alteration in the final wardbandi notification without hearing the petitioner violates natural justice?
Whether the petitioner is entitled to any relief regarding the reshuffling of wards to balance population?
1 provisions across 1 enactments
Parveen Sharma
State of Haryana
SURYA KANT
P.B.BAJANTHRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
