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2015 Supreme(HP) 1498

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Bal Krishan – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the petitioners: M/s R.K. Gautam, Bimal Gupta, B.C. Negi, Sanjeev Bhushan, M/s Gaurav Gautam, Vineet Vashisht, Pranay Pratap Singh, Abhilasha Kaundal, Rajiv Rai, Shikha Chauhan, Vinod Thakur, Tara Singh Chauhan, Kulbhushan Khajuria, Anand Sharma, Vikas Rathore, Praveen Chandel, Vijay Kumar Arora, M.L. Sharma, Ajay Sharma, Chetna Thakur, Sanjay Kumar Sharma, Daleep Kumar Sharma, Subhash Sharma, P. D. Nanda, S.C. Sharma, Sushil Gautam, Onkar Jairath, Ravinder Singh Jaswal, Surender Sharma, Ramakant Sharma, Ashwani Sharma, Salochana Rana Kaundal, Sanjeev Kumar Suri, Naresh Kaul, Ajay Kumar Dhiman, Raman Jamalta, Arush Matlotia and Ms. Suman Thakur
For the respondents: Mr. Shrawan Dogra, Mr. Anup Rattan, Mr. Romesh Verma, Mr. J.K. Verma, Dy., Mr. Dilip Sharma, Ms. Nishi Goel, Ms. Nishi Goel, Mr. Sandeep Sharma, Mr. Pankaj Negi

JUDGMENT :

Tarlok Singh Chauhan, J.

In this batch of Writ Petitions, the petitioner(s) have called in question the constitution; re-constitution; delimitation; reservation of the respective Panchayat areas; merger of Panchayats with Municipal areas and vice versa; change of headquarters of Gram Panchayats; amalgamation and alteration of respective Panchayat areas, on the ground that such action has been taken by the respondents in violation to the Himachal Pradesh Panchayati Raj Act, 1994, Himachal Pradesh Panchayati Raj (Election) Rules, 1994, Himachal Pradesh Municipal Act, 1968 etc.

2. Learned Advocate General has raised a preliminary objection regarding the maintainability of these petitions, in view of the dates of the elections for the second phase having been duly notified, whereby the elections are to be conducted on 1st, 3rd and 5th January, 2016, save and except where the elections took place during the first phase and District Kangra, Pangi and Bharmour Block of Chamba where elections are due in June, 2016, where the elections have yet not been notified. The learned Advocate General in support of his submissions has relied upon the various provisions of the Constitution of













































































































































































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