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2020 DIGILAW 899 (HP)

BABITA NEGI v. STATE OF H. P.

2020-12-17

SANDEEP SHARMA, TARLOK SINGH CHAUHAN

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ORDER : 1. The petitioner has filed the instant writ petition for the grant of following substantive reliefs: (a) To quash and set aside impugned notification dated 29.6.2020, Annexure P-3, issued by the Deputy Commissioner, Kinnaur, District Kinnaur, the same being arbitrary, wrong and illegal. (b) To issue appropriate writ and direction to the respondents to carry out the delimitation process strictly in accordance with the provisions enumerated under Section 8 and Chapter 6-A of the Himachal Pradesh Panchayati Raj Act, 1994 and the procedure prescribed under Rules 3 to 11 of the H.P. Panchayati Raj (Election) Rules, 1994 and also to afford reasonable opportunity of being heard to the petitioner. 2. The bare minimal facts as required for the adjudication of this case are that based on 2011 Census in the year 2015, the State Government directed all the Deputy Commissioners including Deputy Commissioner of District Kinnaur to start the exercise of delimitation of all Wards of Gram Panchayats/Panchayat Samities/Zila Parishads. For this purpose, the Deputy Commissioner, Kinnaur issued a draft Notification on 09.07.2015 inviting objections to the proposed delimitation on or before 15.07.2015. Since, no objection was received, therefore, the Deputy Commissioner, Kinnaur issued the final Notification of delimitation of Wards of Zila Parishad, Kinnaur on 30.07.2015. 3. Now, after five years the elections are due, the State Government on 11.06.2020 again directed all the Deputy Commissioners to start and complete the process of delimitation of Constituencies of Gram Panchayats, which included the areas of Panchayat Samiti or Zila Parishad. 4. Likewise, the State Government issued another letter on 23.06.2020, wherein it was directed that for Panchayati Raj Institutions where no change has taken place, there would be no need for inviting public objections. 5. Thus, it is clear that fresh delimitation was required to be done only in case where there are changes in the boundaries of the Gram Panchayats of the State. Whereas, in the entire State except in the case of one Gram Panchayat of District Solan area which has been included in the Municipality and creation of new Blocks namely Kupvi and Bali Chowki, areas of existing Blocks - Chopal, Gohar Mandi Sadar have been changed, while the other remains the same. 6. Whereas, in the entire State except in the case of one Gram Panchayat of District Solan area which has been included in the Municipality and creation of new Blocks namely Kupvi and Bali Chowki, areas of existing Blocks - Chopal, Gohar Mandi Sadar have been changed, while the other remains the same. 6. Once the existing territories of Gram Panchayat Kinnaur including territories of wards area of wards of Zila Parishad, Kinnaur have not undergone any change, therefore, in such circumstances, we find no illegality in the action of the Deputy Commissioner, Kinnaur to issue final delimitation Notification on 29.06.2020. 7. It is preposterous on behalf of the petitioner to contend that her rights have been violated. The petitioner is an elector of Gram Panchayat, Kafnoo in Chaugaon in District Kinnaur and continues to be an elector in the same territorial area, which has not undergone any change and, therefore, we are at complete loss to understand and comprehend as to why this petition has been filed. 8. Since no right much less fundamental right of the petitioner has been violated by the respondents, she has no cause of action to file and maintain the present writ petition and the same is accordingly dismissed, so also the pending application(s) if any. The parties are left to bear their own costs.