Read Time: 06 minutes

Synopsis

The Delhi High Court on Thursday sought the Central Government, Delimitation Committee, and Delhi Government's response to a plea filed by Delhi Congress President Anil Kumar against the Central Government challenging the Gazette notification on the determination of 250 wards within the Municipal Corporation of Delhi for delimitation.

 A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad rejected the contention of the Government that the petition has become infructuous and listed the matter for further hearing on April 13, 2024.

The plea filed through Advocate Gaurav Dua alleges that the notification has been published without consideration of the significant factors/issues and application of mind. It determined 250 wards within the Municipal Corporation of Delhi completely ignoring the ratio of area population and without dividing them in equal proportion as per the population of Delhi according to the last population census of 2011 and natural boundaries.

The plea has submitted that the notification for delimitation clearly states that the total population of the Corporation (2011 census) shall be divided by the total number of wards and the average population of each ward shall be obtained. The average shall be the guiding factor for delimiting the wards in such a manner that each ward so far as practicable has an equal population limiting the number of wards to not more than 250.

Whereas, "equal population limiting the number of wards to not more than 250. The total population of Delhi as per the 2011 census is 16,787,941 and if it is divided by total number of 250 wards, the average population of each ward should be 65000 plus/minus ten percent i.e. in upper case population of each ward would be 71,500 and in lower case it should be 58,500. But surprisingly the Respondent No.2 (The Secretary Delimitation Committee) has not followed the above formula and has delimited the wards as per their own whims and fancies in a most amorphous manner," the plea added.

Furthermore, it has been submitted that "the very purpose of conducting delimitation is to ascertain an equal number of division of the electorates in the various wards and the same has been based on the population figures as obtained from most recent Census. However, by promulgation of the impugned order, this very purpose behind delimitation has become redundant, as in the final draft order the notified 250 wards are not having equal number of electorates."

Earlier, the High Court had issued notice on the petition after Senior Advocate Salman Khurshid appearing for Kumar had informed the bench that a representation has been made in this regard, however, the Central Government notified 250 wards without giving them an opportunity to be heard and didn't mention what prayers from the representation have been considered. He said that Kumar also wants the election to be conducted but the plea will become infructuous if the election is notified.

Case Title: ANIL KUMAR Vs. UNION OF INDIA & ORS.