HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10028 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner and learned State Counsel, who appears on behalf of the State-respondents. This wit petition has been filed by the petitioner with the following main prayers : "(i) To issue a writ order or direction in the nature of certiorari, thereby quashing the impugned final list dated-10-08-2025 of issued by the opposite parties regarding delimitation of Jila Panchayat Kshetra Bikapur II (Ward NO. 33) and III (Ward NO. 34) of Block Bikapur District Ayodhya, as contained in ANNEXURE NO. 1 to this writ petition. (ii) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to re-delimitation of the Jila Panchayat Kshetra Bikapur II (Ward NO. 33) and III (Ward NO. 34) of Block Bikapur District Ayodhya as it was earlier done by the opposite parties in the tentative list dated 29- 07-2025, with respect to the Bikapur II (Ward NO. 33) and III (Ward NO. 34) Block Bikapur, District Ayodhya. (iii) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to not proceed further on the basis of impugned list dated 10-08-2025 with respect to the Bikapur II (Ward NO. 33) and III (Ward NO. 34), Block Bikapur District Ayodhya." It is the case of the petitioner that the petitioner is preparing to contest the Versus Counsel for Petitioner(s) : Karm Veer Yadav, Akhil Kumar Singh, Balram Yadav, Gyanendra Pratap Yadav Counsel for Respondent(s) : C.S.C. Jogendra Kumar Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Panchayatiraj Deptt. Lko And 4 Others .....Respondent(s) upcoming election of Zila Panchayat Sadasya from Zila Panchayat Kshetra Bikapur. It is stated that the State Government issued a notification dated 15.07.2025 prescribing a time schedule for the delimitation of Village Panchayat, Kshetra Panchayat, and Zila Panchayat, to be completed within the stipulated period. The preparation and publication of the tentative list of the Gram Panchayat, Kshetra Panchayat, and Zila Panchayat was to be done from 23.07.2025 to 28.07.2025. The tentative list of Zila Panchayat Kshetra II and III (Bikapur) was published on 28.07.2025. From a perusal of the tentative list, it appears that at Serial No. 33, Bikapur II is shown with a population of 47,641 and at Serial No. 34, Bikapur III is shown with a population of 49,757. It has been submitted by learned counsel for the petitioner that the tentative list published on 28.07.2025 was in accordance with the rules, and therefore, the petitioner did not file any objections thereto. However, the final list is not in accordance with the rules, as the respondents have excluded Ward No. 69 from Bikapur II and included the same in Bikapur III. Due to this change, the population of Bikapur III has exceeded the limit of 50,000 as prescribed under Rule 4 of the Uttar Pradesh Kshetra Panchayat aur Zila Panchayat (Sadashyo ke Nirvachan ke liye Pradeshik Nirvachan Kshetron ka Parisheeman) Niyamawali, 1994 (hereinafter referred to as "the Rules of 1994"). It has further been submitted by learned counsel for the petitioner that the inclusion of Ward No. 69 in Bikapur III is malicious, and contrary to the Rules. The petitioner has filed objection to the final list on 23.08.2025. Learned Standing Counsel, on the basis of instructions, submits that the petitioner did not file any objection to the tentative list, which was published. A total of 51 objections were received, out of which 18 were found acceptable and 33 were rejected. These objections were examined by a committee consisting of the District Magistrate, Chief Development Officer, Upper Chief Officer, and District Panchayat Raj Officer. It has further been submitted that Rule 4 of the Rules of 1994 only prescribes a desirable limit of population and provides that, as far as possible, efforts should be made to maintain the norm of 50,000 population. Learned Standing Counsel has pointed out from the final list of population WRIC No. 10028 of 2025 2 published by the respondents, which has been filed as Annexures No. 1 and 2 to the writ petition, that Bikapur II, at Serial No. 33, has a population of 45,634, and Bikapur III, at Serial No. 34, has a population of 51,764. It is not only the petitioner's constituency where the population exceeds 50,000; there are other constituencies as well. In fact, as per the extract of the list filed as Annexure No. 1 to the writ petition, at Serial No. 35, Bikapur and Masaudha constituencies have been jointly shown with a population of 53,670, and Tarun, at Serial No. 36, has a population of 50,470. We find that a minor variation in the population would not vitiate the exercise of delimitation of constituencies, as the Rule itself provides that the authority shall endeavour to maintain the norm of 50,000 population. The fact that the limit has been exceeded in some constituencies cannot, by itself, be said to constitute a malicious exercise warranting interference by this Court in the exercise of its extraordinary jurisdiction. Accordingly, the writ petition is dismissed. October 14, 2025 Mahesh WRIC No. 10028 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench