Dr Pradeep Bhatt vs State Of Uttarakhand & Others

Pankaj Purohit, J

Heard learned Counsel for the parties.

By means of this writ petition, petitioner has prayed to quash the order dated 26.09.2024 passed by the District Magistrate, Uttarakashi whereby the said authority has increased the strength of ward members in Block of Zila Panchayat in District Dehradun.

Learned Senior Advocate for the petitioner, by citing an example, submits that earlier there were five ward members in Block Naugaon where population was 61,358 as per 2011 Census, but now, during the new de-limitation in the said block, strength of ward members has been increased to six from five. It is further contended by learned Senior Counsel, on the strength of Section 86(2)(b)(i) of the Uttarakhand Panchayati Raj Act, 2016 (hereinafter to be referred to as ‘the Act’) that in hill area having population upto 24000, there should be minimum 2 ward members, and in this way, increase in strength of ward members is directly disproportionate to the population of the territorial constituency.

It is further argued by learned Senior Advocate that earlier, the population of Block Naugaon was 61000 and odd, hence in the earlier delimitation, five members have been made for the ward of said Block. But now, by the impugned order, the D.M. Uttarakashi has increased one ward which resulted into the increase of strength of members to six which is disproportionate to the population of the area and at the same time, it is violative of Section 86 of the Act.

In order to appreciate the submission made by learned Senior Advocate for the petitioner, relevant portion of Section 86 of the Act is required to be considered, which is quoted below: -

Establishment and incorporation of Zila Panchayats.

(1)There shall be a Zila Panchayat for each district.

(2)The Zila Panchayat shall be a corporate body. A Zila Panchayat shall consist of a Chairman who shall be its Chairperson and a Vice Chairman and as following –

(a) Pramukhs of all Kshettra Panchayat in the district;

(b) elected members, who shall be chose by direct election from the territorial constituencies in the Panchayat area and for this purpose the Panchayat area shall be divided into territorial constituencies in such manner:

(i)minimum 2 territorial constituencies shall be fixed in the development blocks of hill area having the population upto 24000 and in the development blocks having the population more than 24000 there shall be gradual proportional increase in the number of the territorial constituencies.

(ii) ………………..”

Having considered the submissions raised by learned Senior Advocate for the petitioner and in view of Section 86(2)(b)(i) of the Act, as quoted here-in-above, it appears that the provisions of Act cannot be followed in mathematical precision, as canvassed before this Court on behalf of petitioner. It is merely an enabling provision, and following the same, the strength of ward members has been increased from five to six. Since the population of Block Naugaon was 61000 and odd in the census of 2011, therefore, in the year 2024, in no manner of doubt, it can be said that the population of the said Block would not have been increased further, and accordingly strength of ward members has been increased from 5 to 6.

In such view of the matter, this Court finds no ground to interfere with the writ petition. The same is dismissed at the threshold itself. Pending application, if any, stands disposed of.