Suman Das Goswami vs State Of Chhattisgarh on 22 October, 2024
39.So far as the decision of High Court of Punjab and Haryana in
case of Rajesh Kumar Sharma (supra), relied upon by Mr.
S.C. Verma, learned Senior Counsel, is concerned, the High
Court taking note of the fact that there was non-compliance of
Rules 7 and 8 of the Rules, 1972, as applicable to facts of
said case, has observed in Para 21.4 that "in the light of
above provisions, readjustment of wards can only be done in
46 / 48
the case of alteration of municipal limits or in pursuance of the
Census. The Court also observed that exercise of delimitation
of wards was done in a most opaque manner and in complete
violation of the procedure prescribed under Rules 3 to 8 of
the Rules of 1972. Hon'ble Supreme Court has further
considered that principle is well settled that where any
statutory provision provides a particular manner for doing a
particular act, then, that thing or act must be done in
accordance with the manner prescribed in the statute.