Raja Saeed Akram Khan, C.J. Through these appeals the appellants have called in question the judgments of the High Court dated 12.06.2018, 03.04.2018 and 04.04.2018.
2. The Government has issued a notification on 19.04.2017 regarding the delimitation of Local Council Constituencies and appointment of Assistant/Delimitation Officer and Appellate Authority . Another notification dated 21.04.2017 describes the minimum and maximum population for Constitution of Wards of Union Council, Municipal Corporation, Municipal Committee and Town Committee, whereas, the notification dated 03.05.2017 states that the delimitation of Local Council Constituencies shall be held on the basis of projected population of 1998 census. The respondents in Civil Appeal No.95 of 2021 challenged all the aforesaid notifications by filing separate writ petitions before the High Court. The learned High Court through judgment dated 12.06.2018 not only set aside the aforesaid notifications but also directed that the elections to the Local Bodies shall be conducted on the basis of previous census. The other two appeals are related to the change of name of ward ""Kot Gujjran" as ""Ghakhar" and establishment of new ward "Nikka Nara".
2. During the proceedings of the case, keeping in view the importance of the matter , the Secretary Local Government and Rural Development Department was directed to come with a definite and uniform stance in relation to the minimum and maximum population for constitution of Wards of Union Council, Municipal Corporation, Municipal Committee and Town Committee. In compliance of direction of this Court the Secretary Local Government, on the previous date of hearing, placed on record the draft of amended Notification, wherein the term 'multi member ' ward was introduced , which generated more complicacies, hence, he was directed to re-draft the notification by adopting a uniform policy . Today , the learned Assistant Advocate General assisted by Secretary Local Government appeared and placed on record the copy of the notification dated 20.12.2021. It would be advantageous to reproduce the same as under:- "AZAD GOVERNMENT OF THE ST ATE OF JAMMU & KASHMIR SECRETARIAT LOCAL GOVERNMENT & RURAL DEVELOPMENT "Muzaf farabad" Dated 20-12-2021 Notification: No.SLJ/Section-II/141 18-30/2021. In exercise of the powers conferred by Section 89 of Azad Jammu and Kashmir Local Government Act, 1990, the Government is pleased to direct that the following further amendments shall be made in the Azad Jammu & Kashmir Local Government Rules, 1983:- In the aforesaid Rules;
(a) In rule 7, in clause (c) of sub-rule (1), for the figures "5,000" and "12,000", the figures "10,000" and "15,000" shall be substituted respectively .
(b) In rule 7, clause (c) of sub-rule (6) shall be substituted as follows:- "(c) (i) that where a ward is single-memb er ward of Union Council its population shall not be less than 1,500 and more than 2,000;
(ii) that where a ward is a single member ward of Municipal Corporation its popula tion shall not be less than 3,500 and more than 5,000';
(iii) that where a ward is a single member ward of Municipal Committee its population shall not be less than 3,000 and more than 4,000';
(iv) that where a ward is a single member ward of Town Corporation its population shall not be less than 2,000 and more than 3,000;
2. Notification issued vide No.SLG/ Section-II/6543 55/2017 dated 21.04.2017 shall stand repealed.
Section Of ficer Local Govt. & Rural Development"
In our estimation, the aforesaid notification is well-reasoned and strictly in accordance with the guidelines given by the Court during the proceedings of the case. On Court 's query , the learned Assistant Advocate General as well as the Secretary Local Government stated that a reasonable time of at least two months be granted for completion of the process of delimitation in the light of amended notification. A query was also made regarding the holding of elections to Local Bodies; the learned Assistant Advocate General submitted that, as per the given instructions, the Government is intended to hold the elections within a period of six months, not beyond August, 2022. In the light of issuance of the notification dated 20.12.2021 and statements made by the Assistant Advocate General as well as the Secretary Local Government, we are intended to dispose of this appeal in the following terms:-
(i) As the amended Notification dated 20.12.2021 has been issued, hence, the Chief Election Commissioner is directed to start the process of delimitation and complete the same within a period of 45 days from today in the light of amended Notification and submit a compliance report before this Court through Registrar.
(ii) In the light of statement made by the Assistant Advocate General and the Secretary Local Government, the Government is directed to make arrangements for holding free, fair and transparent elections within a period of six months from the completion of process of delimitation, not beyond August, 2022. It is further observed that the elections shall be conducted in the light of census conducted in the year 2017.
(iii) So far as the impugned judgments passed by the High Court are concerned, in order to discourage any further litigation, we would like to clarify that the amended notification dated 20.12.2021 has been issued on the direction of this Court and same is well reasoned, hence, stands protected. In this state of affairs, the judgments of the High Court will not be a hurdle in the process of delimitation.
These appeals are disposed of in the above terms with no order as to costs.