Court dismisses plea challenging voter disparity, reinforces population as the basis for ward division
In a significant judgment, the Rajasthan High Court dismissed a writ petition challenging the delimitation of municipal wards based on voter disparity, reinforcing the principle that ward divisions must be based on population as stipulated by the Rajasthan Municipalities Act, 2009. The case, titled Amrita Meena v. State of Rajasthan, was heard by a division bench comprising Mr. Sanjeev Prakash Sharma, A.C.J., and Shubha Mehta, J., at the Jaipur Bench.
The petitioner, Amrita Meena, contended that the division of wards for the upcoming municipal elections in Nagar Palika Todabhim, District Karauli, resulted in extreme voter disparity, thus violating the principles of equal representation under Articles 14 and 243R of the Constitution of India. It was argued that certain wards had vastly different numbers of voters, far exceeding the permissible variation of +10%, thereby undermining fair representation.
However, the court dismissed these claims, highlighting that the Rajasthan Municipalities Act, 2009, under Section 9(2), mandates the division of wards based on population rather than voter numbers. The bench noted that while voter numbers might differ, especially due to varying numbers of children below the voting age, the legal requirement focuses on population.
The court referred to a previous judgment in Sheela Kumari v. State of Rajasthan, reinforcing that the basis for delimitation should align with statutory provisions focusing on population. The bench found the petitioner's reliance on voter numbers instead of population as misconceived and thus dismissed the petition.
The judgment underscores the court's adherence to statutory mandates regarding municipal elections, emphasizing the importance of population over voter numbers in determining ward boundaries. This decision is expected to impact future delimitation exercises, ensuring they comply with the legislative framework.
Bottom line:-
Division of wards for municipal elections under the Rajasthan Municipalities Act, 2009 is to be based on the population of the wards, not the number of voters. A disparity in voter numbers among wards does not necessarily imply a violation of the prescribed criteria if the population basis is followed.
Statutory provision(s): Rajasthan Municipalities Act, 2009 Section 9(2), Constitution of India, 1950 Articles 14, 243R
Amrita Meena v. State of Rajasthan, (Rajasthan)(DB)(Jaipur Bench) : Law Finder Doc id # 2929012
