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The petitioners stated that they want the election to be conducted but the delimitation of 250 wards was done completely ignoring the ratio of area population and without dividing them in equal proportion.
The Delhi High Court on Wednesday refused to stay the upcoming Delhi Municipal Corporation Elections in a batch of petitions against the delimitation of 250 wards.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad relied on the Supreme Court judgment which states that once election is notified the same cannot be stayed.
The bench was hearing a batch of petitions filed against the Gazette notification on the determination of 250 wards within the Municipal Corporation of Delhi for delimitation.
The counsel, appearing in person, requested the bench to stay the elections, to which, the bench said that once the elections are notified they cannot be stayed.
The bench issued notice in the present petitions and tagged them along with another similar petition filed by Congress leader Anil Kumar.
The plea filed by Kumar alleged that the notification for the elections had 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 stated.
Additionally, it stated 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, the plea mentioned.
Case Title: ANIL KUMAR Vs. UNION OF INDIA & ORS.
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