The Himachal Pradesh High Court has delivered a significant verdict, striking down the delimitation of wards for the Shimla Zila Parishad. The court ruled that the exercise was conducted in an arbitrary and illegal manner, lacking proper application of mind.
Court Finds Process Flawed and Unreasonable
A division bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh passed the order on a petition challenging the notification issued by the state government. The petitioners argued that the delimitation was done without following the mandatory rules and principles.
The court scrutinized the government's notification dated August 3, 2023, which defined the wards. It found that the authorities had failed to provide any rationale or record explaining how they arrived at the specific ward boundaries and the number of members for each. The bench observed that the entire process seemed to be based on whims and fancies rather than objective criteria.
Violation of Established Norms and Principles
The judgment highlighted that delimitation is a serious democratic exercise that must ensure fair representation. The court stated that the authorities did not adhere to the fundamental principles of delimitation, which include:
- Maintaining geographical contiguity of areas.
- Considering physical features and boundaries.
- Ensuring a balanced population ratio across wards.
- Respecting existing administrative units.
By ignoring these guidelines, the state government's notification was rendered legally unsustainable. The court emphasized that such an important process cannot be carried out in a mechanical or opaque fashion.
Implications for Upcoming Panchayat Elections
This decision has direct consequences for the panchayat elections in Himachal Pradesh. The delimitation of Zila Parishad wards is a crucial precursor to these local body polls. With the existing notification quashed, the state government must now undertake a fresh delimitation exercise following the due process of law and the principles laid down by the court.
The order mandates that the new delimitation must be reasonable, based on intelligible criteria, and properly documented. This ensures that the electoral process for the Shimla Zila Parishad is founded on fairness and transparency, upholding the democratic rights of the residents.
The High Court's intervention underscores the judiciary's role in checking administrative overreach and ensuring that constitutional and legal procedures are strictly followed in matters of public representation.
