Friday, August 12, 2022


HP High Court Stayed order of delimitation of Nabha and Summerhill wards of shimla

Vijyender Sharma | July 13, 2022 08:48 AM

SHIMLA: The High Court of Himachal Pradesh, on Tuseday stayed the order of delimitation of Nabha and Summerhill wards of Municipal Corporation Shimla, passed by the Deputy Commissioner Shimla and upheld by the Divisional Commissioner, Shimla.

A Division Bench comprising Justice Sabina and Justice Satyen Vaidya, passed these orders on two separate petitions filed by petitioners Simi Nanda and Rajeev Thakur.

The petitioners had earlier approached the High Court on the matter and the Court found the Deputy Commissioner had failed to consider the factual aspect of the submissions raised by the petitioners. The Court observed that 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 contiguous in areas and recognizable boundaries. He was more influenced by the fact that no ECI polling stations should transgress the boundaries, which however does not find mention in the Rules.

The Court vide order dated 03.06.2022, passed on the earlier petitions, set aside the impugned orders passed by the Deputy Commissioner, Shimla, and Appellate Authority i.e. Divisional Commissioner, Shimla, qua delimitation of Ward No.11- Nabha (new Ward No.12-Nabha) and Ward No. 5- Summerhill (New Ward No. 6-Summerhill). The matter was remanded back to the Deputy Commissioner, Shimla, with directions to decide the objections raised by the petitioners afresh, in accordance with law, after appreciating the material available on record.

The Deputy Commissioner, Shimla, vide order dated 24.06.2022, again rejected the objections filed by the petitioners, holding that the delimitation order are as per the provisions laid down in the H.P. Municipal Corporation Act, 1994 and Municipal Corporation Election Rules, 2012, and there is no need to make any change in the order. The appeal filed by the petitioners against the impugned order was also rejected by the Divisional Commissioner.

The petitioners have again approached the High Court with prayer to quash and set aside the impugned orders dated 24.06.2022, passed by the Deputy Commissioner Shimla, and order dated 08.07.2022, passed by the Divisional Commissioner, Shimla on appeal.

The Court has stayed impugned orders and directed the respondents, Secretary Urban Development, Govt. of H.P., Divisional Commissioner Shimla, Deputy Commissioner Shimla and H.P. State Election Commission to file reply and the case has been adjourned for 16.08.2022.

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