Law: Elections Rules, 2017

Section: R.20,10(5),239

Law: Delimitation of Constituencies Act, 1974

Section: 8(2)(4),9(2)

Election Rules, 2017-- ----R. 20--Delimitation of Constituency, 1974, S. 8(2)(4)--D.C. limitation of contrary of general seats in assembly--Share of restrict or Kota per seat of provincial assembly--On fraction of more than 0.5 shall be counted as one sea and fraction of less than 0.5 may be ignored. Delimitation of Constituency Act, 1974-- ----S. 9(2)--Election Rules, 2017, R. 10(5)--Delimitation committee--Obligation and since of duty of delimitation committee to obtain district map--Constituency of an Assembly shall not ordinarily extend to more than one district except in exceptional circumstances for reasons to be recorded by Delimitation Committee with a further stipulation that a Patwar Circle or as case may be a Tapedar Circle shall be basic unit for delimitation and it shall not be broken under any circumstances. Election Act, 2017-- ----S. 239--Delimitation Committee--Excess variation of population District--Allocation of seats--Population of constituency shall not ordinarily exceed 10% and in case it is exceeded Commission shall record reasons in delimitation order whereas, proviso under challenge only exemplifies and differentiates that fraction of more than 0.5 may be counted as one seat--So in our considerate view and for all intents and purposes, there is no direct clash, collision and or inconsistency at heart of proviso attached to rule under challenge--One provides that population shall not exceed 10% in any constituency whereas later relates solitary to allocation of seats--It would not be possible in all constituencies and districts to maintain strict harmony exactly to 10% variation and this may be a far sightedness that variation over and above 10% is permissible to some extent but in such eventuality and contingency, Commission has to record reasons--ECP in order to decide population criteria has evolved a formula with variation of 10% plus-minus but at same time, a criteria or modality was also required to deal with quota and benchmark of seat allocation to particular area/districts--Proviso under challenge only bring to life and comprehends a distinction that fraction of more than 0.5 may be counted as one seat which does not in any way…

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