CWP No.9826 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CWP No.9826 of 2013 Date of Decision:
10. 05.2013 ***** Balram Singh and others .
.Petitioners Versus State of Punjab and others .
Respondents ***** CORAM: HON’BLE MR.JUSTICE JASBIR SINGH, ACTING CHIEF JUSTICE HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.S.S.Swaich, Advocate, for the petitioneRs.Mr.H.S.Sidhu, Addl.
***** RAKESH KUMAR JAIN, J.
The petitioners are the members of Gram Sabha, Nadala, having its Panchayat in terms of the provisions of the Punjab Panchayati Raj Act, 1994 (for short ‘the Act’).A Panchayat Samiti in the name of Panchayat Samiti, Nadala was constituted for Block Nadala under the provisions of the Constitution of India and the Act and the Gram Panchayat, Nadala was one of the territorial constituencies of the Panchayat Samiti, Nadala.
It is submitted by counsel for the petitioners that vide notification dated 5.4.2013, issued under Section 100 of the Act, the territorial constituencies of the Panchayat Samiti of other Districts were notified in which area of Panchayat Samiti, Nadala was also notified wherein Gram Panchayat, Nadala was shown as a part of the Constituency.
He further submitted that the Department of Local CWP No.9826 of 2013 -2- Government issued a notification on 15.4.2013, in exercise of power under Section 4 (1) of the Punjab Municipal Act, 1911 (for short ‘the 1911 Act’).declaring the area of Gram Panchayat, Nadala, Tehsil Bholath, District Kapurthala as Nagar Panchayat and also called for objections to be submitted to the Principal Secretary, Government of Punjab, Department of Local Government, within 30 days from the date of publication of the notification.
He further submitted that some of the petitioners had even furnished objections which have not yet been decided but before that another notification has been issued by the Department of Rural Development and Panchayat on 26.4.2013, exercising its power under Section 100 of the Act, as a corrigendum regarding territorial constituencies of Panchayat Samiti of the District in the earlier notification dated 5.4.2013 out of which Gram Panchayat, Nadala has been taken out presuming it to be a part of Nagar Panchayat, in terms of notification dated 15.4.2013 referred to above.
The grievance raised by counsel for the petitioners is that since the Gram Panchayat, Nadala has not yet been declared/constituted to be a Nagar Panchayat because the process of declaration has only been started by inviting objections upto 14.5.2013, the elimination of Gram Panchayat, Nadala out of the territorial constituencies of the Panchayat Samiti, Nadala, by way of notification dated 26.4.2013, is patently illegal and arbitrary.
He has submitted that the election program notified on 3.5.2013 for electing the members of Panchayat Samitis and Zila Parishads and the notification dated 3.9.2012 by which the elections for the members of CWP No.9826 of 2013 -3- the Panchayat Samitis and Zila Parishads was ordered to be held on 15.5.2013 are patently illegal and are liable to be set aside as the petitioneRs.who are the members of Gram Sabha, Nadala have not been included in the territorial constituency of Panchayat Samiti, Nadala despite the fact that the process initiated vide notification dated 15.4.2013 for including the area of Gram Panchayat, Nadala in the Nagar Panchayat under Section 4(1) of the 1911 Act has not culminated.
On the other hand, counsel for the respondents has submitted that notification dated 15.4.2013 was issued under Section 4(1) of the 1911 Act which is an enabling provision to declare any area to be a transitional area or a smaller area for the purpose of this Act by way of notification in the official gazette.
He further submitted that there is no provision for inviting objections under Section 4(1) of the 1911 Act and the issuance of notification by itself is a declaration of specification of the area mentioned therein as included in the Nagar Panchayat.
The sum and substance of the arguments of the learned counsel for the respondent is that by virtue of notification dated 15.4.2013 the area of Gram Panchayat, Nadala, description of which is given in the Schedule of Boundaries mentioned in the notification, is included the Nagar Panchayat.
The objections were only in respect of the demarcated area and not about the decision of the Government to declare the Gram Panchayat, Nadala as Nagar Panchayat because nothing has been provided in this regard in Section 4(1) of the 1911 Act.
In support of his submission, he has relied upon judgment of CWP No.9826 of 2013 -4- the Supreme Court in the case of “State of Punjab versus Tehal Singh and others”.
2002(2) Supreme Court Cases 7.
He has further submitted that once the election process has started, the writ petition is not maintainable in terms of Section 243(O) of the Constitution of India.
We have heard learned counsel for the parties and have perused the record.
The Gram Panchayat, Nadala was a part of territorial constituency of the Panchayat Samiti, Nadala as notified under Section 100 of the Act on 5.4.2013 but later on by notification dated 15.4.2013 issued under Section 4(1) of the 1911 Act, it was decided by the Department of Local Government, Punjab to declare it as Nagar Panchayat and for that matter, the description of the area was given in the Schedule of Boundaries.
We have carefully read Section 4(1) of the 1911 Act and have failed to find out any provision of objections which could have been raised against the decision of the Government for declaring a particular Panchayat as Nagar Panchayat much less the transitional area or a smaller area for the purpose of that Act.
It appears that opportunity of objections has been provided in the notification dated 15.4.2013 only for the purpose of carrying out proper demarcation of the boundaries of the area of Gram Panchayat, Nadala otherwise individual right has not been given to the members of the Gram Sabha to raise objections to the power of the Government which is exercised in terms of Section 4(1) of the 1911 Act.
Therefore, by way of corrigendum/notification dated 26.4.2013, the area of Gram CWP No.9826 of 2013 -5- Panchayat, Nadala was deleted from the territorial constituencies of Panchayat Samiti, Nadala which could be notified by the State Government in terms of Section 100 of the Act.
Furthermore, once the election process has started, it cannot be challenged by way of petition in the Courts in view of Article 243(O) of the Constitution of India.
In view of the aforesaid discussion, we do not find any merit in the present writ petition and the same is thus hereby dismissed.
(JASBIR SINGH) (RAKESH KUMAR JAIN) ACTING CHIEF JUSTICE JUDGE 10 05.2013 Vivek