IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 15386 of 2008 DATE OF DECISION : 01.09.2008 Randhir Singh and others .... PETITIONERS Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. H.S. Sethi, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who are residents of erstwhile Villages Jhungian and Santemajra, falling within the extended limit of Municipal Council, Kharar, have filed this writ petition under Article 226/227 of the Constitution of India for quashing the notification dated August 25, 2008 (Annexure P-1), whereby the State Government has decided to conduct elections in Municipal Council Muktsar, Kharar and Sujanpur, by reserving the seats in terms of sub-section (1) of Section 8 of the Punjab Municipal Act, 1911 and the rules made thereunder. For Municipal Council, Kharar, the election will be held for 15 wards. The aforesaid notification has been issued by the Punjab Government, in view of the following directions issued by the Supreme CWP No. 15386 of 2008 -2- Court in Civil Appeal No. 4961 of 2008 : “The State Election Commission is directed to hold the election to the Municipal Committees/Councils Muktsar, Sujanpur, Kharar and Moga forthwith, the election programme in respect of which shall be completed on or before 15th September, 2008. The State Election Commission is directed to put in motion immediately the process of holding elctions without waiting for the de-limitation of the constituencies, if not already done. The State is directed to facilitate holding of the elections.” The grouse of the petitioners is that the State Government, without finalising de-limitation of Wards, has decided to conduct the said election of Muncipal Council, Kharar. The contention of the petitioners is that election of the Municipal Council is going to be conducted only for 15 wards and the petitioners' villages, which were included in the Municipal limits in the year 2006, have been deprived of electing their representatives, as the final notification of de-limitation of the Ward of Municipal Council, Kharar has not yet been issued and without that if the elections are held, the petitioners will be deprived of choosing their representative in the Municipal Council. After hearing counsel for the petitioners, we are of the opinion that in view of the fact that elections in the aforesaid Municipal Council are being held under the directions of the Supreme Court, where the State CWP No. 15386 of 2008 -3- Election Commission has been directed to put in motion immediately the process of holding elections without waiting for the de-limitation of the constituencies, if not already done, we cannot interfere in the matter, in exercise of the writ jurisdiction of this Court under Article 226/227 of the Constitution of India. Dismissed. Copy of the order be given dasti on payment of usual charges. ( SATISH KUMAR MITTAL ) JUDGE September 01, 2008 ( JASWANT SINGH ) ndj JUDGE