Civil Writ Petition No. 20796 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 20796 of 2008 Decided on : 16-03-2009 Nafe Singh ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:-HON'BLE MR. JUSTICE AJAI LAMBA. Present:- Mr. M.L. Sharma, Advocate for the petitioner. Mr. Sunil Nehra, D.A.G., Haryana, for respondent Nos.1 and 3 to 6. Mr. Arvind Singh, Advocate for respondent No.2. Mr. R.S. Chahar, Advocate for respondent No.7. AJAI LAMBA, J(Oral) This civil writ petition has been filed under Articles 226/227 of the Constitution of India, praying for issuance of writ in the nature of mandamus directing the respondents to hold the election for constituting Municipal Council, Bahadurgarh before the expiry of five years i.e. 28.01.2009. Learned counsel for respondents have drawn the attention of the Court towards the circumstances on account of which the Civil Writ Petition No. 20796 of 2008 -2- election could not be held. It has been pointed out that a letter was received on 2.12.2008 from Sh. Manoj Kumar, Block President, Bahadurgarh, which consists of rural area and Bahadurgarh City to the effect that wardbandi in the Municipal Council is in contravention of the extended boundaries of the Municipal Council, Bahadurgarh. On account of contents of the letter, an inquiry was conducted. It was found that some irregularities had been committed in preparation of the site plan of the area indicating Municipal limits. The extended Municipal limits, vide notification issued from time to time, did not tally with the boundaries shown in the notification regarding delimitation of the wards. Considering the facts and circumstances, notification dated 15.12.2008 was issued under Section 4, sub-Sections 1 & 2 of the Haryana Municipal Act, 1973 for extending the limit of Municipal Council, Bahadurgarh. Objections were invited as it is the requirement of the law. Learned counsel has pointed out that after dealing with the objections, final notification giving the boundaries of Municipal Council, Bahadurgarh has been issued on 3.2.2009. Photocopy of the notification has been produced in Court, which is taken on record. Learned counsel for respondent Nos. 4 & 5 has pointed out that irregularities had not been pointed out, it was the statutory Civil Writ Petition No. 20796 of 2008 -3- duty of the authorities to look into the issue. Indeed some irregularities had been committed. All these irregularities have now been removed. Learned counsel for the petitioner states that the respondents have been delaying the elections without any reasonable reason or cause. I have considered the contention of the learned counsel. I have also considered the contents of the written statement and the circumstances narrated in the written statement that became cause for dealy in holding election. I am satisfied that certain irregularities were pointed out in the month of December, 2008 which indicated that the extended boundaries of Municipal Council, Bahadurgarh had not been included in the area of the Municipal Council. The procedure for the same has now been concluded by way of issuance of notification dated 3.2.2009. The process of making wards and holding elections can be undertaken. Learned counsel for the respondents-State, State Election Commissioner, Haryana, Director Local Bodies, Haryana and Deputy Commissioner, Jhajjar and also Secretary, Municipal Council, Bahadurgarh have given an undertaking to the Court that after making the wards, the process of election would be concluded Civil Writ Petition No. 20796 of 2008 -4- within 6 months from today. Accepting the undertaking, having been given on behalf of the respondents, this petition is disposed of with the direction that the election process would be concluded within 6 months from today. 16th March, 2009. (Ajai Lamba) Monika Judge