Chander Bhusan Barowalia JUDGMENT
Tarlok Singh Chauhan, J.
1. Aggrieved by the order passed by respondent No. 1 on 9.5.2017 (Annexure P-2) whereby the elections to the Shimla Municipal Corporation have been postponed, the petitioner has filed the instant writ petition for the following substantive reliefs:
"i) Issue a writ of certiorari to quash Annexure P-2 i.e. office order dated 09.05.2017.
ii) Issue a writ of mandamus directing the respondent authorities not to implement Annexure P-2 i.e. office order dated 09.05.2017.
iii) Issue a writ of mandamus directing the respondent authorities to conduct election on time and to constitute a duly elected Shimla Municipal Corporation on or before 04.06.2017.
iv) Issue a writ of mandamus directing the concerned authorities to initiate appropriate necessary disciplinary proceedings against erring officials and qua removal of the present incumbent heading respondent No. 1."
Certain undisputed facts may be noticed.
2. The previous elections to Municipal Corporation, Shimla were held in May, 2012 and the Municipal Corporation was constituted on 4.6.2012 with a term of five years which admittedly is due to expire on 4.6.2017, on which date a new elected body is required to be constituted as per the mandate of law.
3. This position is not even disputed by respondent No. 1, who in its reply has admitted that the term of the Municipal Corporation is going to expire on 4.6.2017. However, it is submitted that the Deputy Commissioner, Shimla in the capacity of Electoral Registration Officer (respondent No. 2) vide letter dated 30.3.2017 was asked by respondent No. 1 to get the draft electoral rolls verified. The schedule for the preparation of electoral rolls was also issued and sent vide letter dated 11.4.2017. This exercise of verification of the electoral rolls was started by respondent No. 2 and thereafter even the draft electoral rolls were published on 11.4.2017 for calling objections. However, a very large number of complaints were received regarding errors in such rolls not only from the various political parties like Bhartiya Janta Party (BJP), Communist Party of India (Marxist) (CPM) (Annexures R-1/3 and R-1/4), but even the Municipal Corporation had passed unanimous resolution (Annexure R-1/5) requesting that the date for filing objections and suggestions be extended. In the meanwhile, this Court also in its order dated 27.4.2017 in CWP No. 815 of 2017 directed the acceptance of complaints on Sunday the 30th April, 2017 and on Monday the 1st May, 2017. This direction was fully carried out and it was still expected that the polls would be held timely.
4. The respondent No. 2 completed the process and even published the final electoral rolls on 5.5.2017. However, the political parties as also certain interested persons were still not satisfied with the final electoral rolls and again made numerous complaints annexed with the reply as Annexures R-1/7 to R-1/14. Discrepancies in the electoral rolls were even highlighted by the print media. Thus, it became absolutely clear that there were still errors in the electoral rolls and efforts to correct them in time had not succeeded.
5. It was with a view to check this situation that the Election Commission of India (office of the Chief Electoral Officer, H.P.) was requested vide letter dated 5.5.2017 to intimate the office of respondent No. 1 the total number of voters enrolled in Legislative Assembly segments relatable to the area of Municipal Corporation, Shimla. The Chief Electoral Officer informed that total number of such electors as per their record as on 1.1.2017 was 85,546 and it appeared that this was much lower than the number of voters published in the electoral rolls for the Shimla Municipal Corporation on 5.5.2017 which was 88,167.
6. It was further averred that while some difference always remains, yet in the instant case the difference was substantial and moreover, 2200 applications were still pending decision. Therefore, taking into consideration the entirety of the facts and circumstances, respondent No.........