Pankaj Diwan And Others vs State Of Haryana And Others on 7 August, 2013

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Punjab-Haryana High Court

Pankaj Diwan And Others vs State Of Haryana And Others on 7 August, 2013

Bench: Satish Kumar Mittal

                       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                      CHANDIGARH

                                                              CWP No. 2824 of 2013 ( O&M )
                                                           DATE OF DECISION : 07.08.2013

           Pankaj Diwan and others
                                                                            .... PETITIONERS
                                                     Versus
           State of Haryana and others

                                                                          ..... RESPONDENTS

           CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
                               HON'BLE MR. JUSTICE MAHAVIR S. CHAUHAN


           Present:            Mr. Rajesh Khandelwal, Advocate,
                               for the petitioners.

                               Mr. Indresh Goel, Addl. A.G., Haryana,
                               for respondents No.1 and 2.

                               Mr. Raman B. Garg, Advocate,
                               for respondent No.3.

                               Mr. Arvind Singh, Advocate,
                               for respondent No.4.

                                     ***

SATISH KUMAR MITTAL, J. ( Oral ) The petitioners have filed the instant writ petition for quashing the notification dated 16.1.2013 (Annexure P-3), vide which wardbandi and reservation of wards for holding elections of Municipal Corporation, Hisar, has been notified.

The primary challenge to the said notification is that the wardbandi has been done without taking care of the latest census report of the year 2011. On the other hand, stand of respondents No.1 and 2 is that Dass Narotam 2013.08.08 15:32 I attest to the accuracy and integrity of this document CWP No. 2824 of 2013 ( O&M ) -2- when the wardbandi of Municipal Corporation, Hisar was done/notified, figures of the latest census of the year 2011 were not available.

The elections of Municipal Corporation, Hisar have already been held. Some of the petitioners contested the elections, out of whom two petitioners have won the elections. In these changed circumstances, while submitting affidavit of the Special Secretary to Government Haryana, Urban Local Bodies Department, learned counsel for respondents No.1 and 2 has given an assurance that at the time of holding the next elections of Municipal Corporation, Hisar, which are due in the year 2018, while making wardbandi and reservation of wards, the figures of the census of the year 2011 will be taken into consideration.

In view of the said assurance and the subsequent change of circumstances, learned counsel for the petitioners states that he does not want to press this petition.

We order accordingly.



                                                        ( SATISH KUMAR MITTAL )
                                                                 JUDGE



           August 07, 2013                               ( MAHAVIR S. CHAUHAN )
           ndj                                                   JUDGE




Dass Narotam
2013.08.08 15:32
I attest to the accuracy and
integrity of this document

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