Jai Singh Vs. the State of H.P. and ors. - Court Judgment
|Court||Himachal Pradesh High Court|
|Case Number||Civil Writ Petn. No. 167 of 1972|
|Judge|| R.S. Pathak, C.J.|
|Acts||Himachal Pradesh Panchayati Raj Act, 1968 - Sections 4 and 5|
|Respondent||The State of H.P. and ors.|
|Appellant Advocate|| M.G. Chitkara, Adv.|
|Respondent Advocate|| Ramesh Chand, Adv.|
civil - alteration of area - section 4 of himachal pradesh panchayati raj act, 1968 - petitioner challenged election of a particular gram sabha as area of gram sabha was altered - contended that gram sabha stood abolished with change in area of gram sabha - contended that in absence of fresh constitution of gram sabha election to executive committees must be held invalid - any change in gram sabha area over which existing gram sabha had jurisdiction does not affect constitution of gram sabha - under section 4 government is empowered to include or exclude any area from sabha area - mere alteration of area of gram sabha does not in any way effect nature of gram sabha - petition dismissed. - .....situated in jagjitnagar block, tehsil and district solan. he is aggrieved by the elections held in gram sabha, chandi. he contends that the gram sabha area of that gram sabha was altered and consequently the gram sabha itself stood abolished. according to him, the gram sabha should have been constituted afresh in respect of the altered area, and as there was no freshconstitution of the gram sabha the action taken to hold elections to the executive committees consequent to the notification dated september 29, 1972 must be treated as invalid. by this writ petition the petitioner prays for relief against the elections in respect of the gram sabha, chandi.2. the writ petition is without force. any change in the gram sabha area over which the existing gram sabha has jurisdiction does not.....
R.S. Pathak, C.J.
1. The petitioner is a resident of village Saryala, situated in Jagjitnagar block, tehsil and district Solan. He is aggrieved by the elections held in Gram Sabha, Chandi. He contends that the Gram Sabha area of that Gram Sabha was altered and consequently the Gram Sabha itself stood abolished. According to him, the Gram Sabha should have been constituted afresh in respect of the altered area, and as there was no freshconstitution of the Gram Sabha the action taken to hold elections to the Executive Committees consequent to the notification dated September 29, 1972 must be treated as invalid. By this writ petition the petitioner prays for relief against the elections in respect of the Gram Sabha, Chandi.
2. The writ petition is without force. Any change in the Gram Sabha area over which the existing Gram Sabha has jurisdiction does not affect the constitution of the Gram Sabha itself. Section 5 of the Himachal Pradesh Panchayati Raj Act, 1968 contemplates a Gram Sabha as a body corporate having perpetual succession and a common seal. Its jurisdiction in respect of a Sabha area is defined under Section 4 of the Act. The Government is empowered under that section to include or exclude any area from the Sabha area. Merely because the extent of the Sabha area over which the Gram Sabha has jurisdiction is altered under Section 4 does not mean that the Gram Sabha in its nature is affected in any way. The contention of the petitioner must fail.
3. The writ petition is dismissed with costs.