PUKHRAJ GUPTA S/O SH. HANUMAN PRASAD GUPTA v. STATE OF RAJASTHAN
CW/17012/2026 · 2026-08-25
Sanjeev Prakash Sharma
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 14475 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14475 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:34620] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17012/2026 CNR: RJHC020833252026 | URN: CW / 35574U / 2026 Pukhraj Gupta S/o Sh. Hanuman Prasad Gupta, Aged About 50 Years, R/o Mohalla Chobiyan, Ward No. 6, Kotputli-Behror, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through The Principal Chief Secretary, Ministry Of Urban Development, Housing And Local Self Government, Secretariat, Jaipur. 2. The State Election Commission, Rajasthan, Through Its Secretary, 2nd Floor, Development Block, Secretariat, Jaipur, 302005. 3. The Local Self Government Department, Rajasthan, Through Its Secretary, Secretariat, Jaipur. 4. The Director, Directorate Of Local Self Government, G-3, Rajmahal Residential Area, C-Scheme, Jaipur-392916. 5. District Collector, District Kotputli-Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. R.B. Mathur, Sr. Adv. assisted by Mr. Falak Mathur Mr. Salim Khan Gori Mr. Yug Singh For Respondent(s) :
HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA Order 25/08/2026
1. The sole contention of the learned Senior Counsel is that there are 28 voters marked in the voter list belonging to Scheduled Castes Category and therefore, the ward could not have been reserved for Scheduled Castes Category. He relies on
[2026:RJ-JP:34620] (2 of 2) [CW-17012/2026] Section 10 of the Act of Rajasthan Municipalities Act, 2009 (for short, ‘the Act of 2009’). 2. Sub-Section 3 of Section 10 of the Act of 2009 reads as under:
"10. Determination of wards. - ……………………………... (3) The State Government shall carry out the determination of the boundaries of the wards and allocation of seats reserved in favour of the Scheduled Castes, Scheduled Tribes, the Backward Classes and women among the wards having regard to the provisions of Section 6 and also to the following provisions, namely: (a) all wards shall, as far as practicable, be geographically compact areas; (b) wards which are reserved for the Scheduled Castes or Scheduled Tribes shall be distributed to different parts of the municipal areas where the proportion of the population of such castes or tribes, as the case may be, is comparatively large; and (c) the numbering of wards shall start from the north-west corner of the local area of a Municipality."
3. Thus, it is the proportion of the population of castes or tribes which is to be considered. Population does not mean the voters and would also include those who are not voters. 4.
In view thereto, the contention is wholly misconceived and petition is dismissed accordingly. 5. All pending applications also stand disposed of. (SANJEEV PRAKASH SHARMA),ACTING CJ 44/Gaurav