SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(HP) 771

TARLOK SINGH CHAUHAN, SANDEEP SHARMA
Vijay Kumar & Ors. – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Sanjeev Bhushan, Advocate, K.B. Khajuria, Advocate, Pushpinder Verma, Advocate, Vishwa Bhushan, Advocate, Rajesh Kumar, Advocate, Arun Raj, Advocate, Ashok Sharma, Advocate, Vinod Thakur, Advocate, Vikas Rathore, Advocate, Nand Lal Thakur, Advocate, Bhupinder Thakur, Advocate, Yudhvir Singh Thakur, Advocate, Ajit Saklani, Advocate, Anupam Gupta, Advocate

JUDGMENT

Tarlok Singh Chauhan, J. - Since somewhat common questions of law arise for consideration in all these petitions, therefore, the same were taken up together for hearing and are being disposed of by common judgment.

2. The challenge in these petitions is pertaining to the final oder of bifurcation of Panchayats on various grounds like -

    (1)no notice of bifurcation was served upon the petitioners and the same was carried out behind their back;

      (2)no opportunity of filing objections was afforded to the petitioners;

        (3)even where opportunity of filing objections was afforded, final notification was issued without affording an opportunity to the petitioners;

          (4)order of bifurcation is contrary to law; and

            (5)order of bifurcation is a colourable exercise of power and effectuated with mala fides.

            3. The learned Advocate General has questioned very maintainability of these petitions on the ground that bifurcation of the Panchayats is a legislative function to be performed under Section 3 of the Himachal Pradesh Panchayati Raj Act, 1994 (for short, "the Act"), which does not envisage muchless provide for any opportunity of hearing and, therefore, action of the respondents being in consona

                                                                                                                                                                                                    Click Here to Read the rest of this document
                                                                                                                                                                                                    1
                                                                                                                                                                                                    2
                                                                                                                                                                                                    3
                                                                                                                                                                                                    4
                                                                                                                                                                                                    5
                                                                                                                                                                                                    6
                                                                                                                                                                                                    7
                                                                                                                                                                                                    8
                                                                                                                                                                                                    9
                                                                                                                                                                                                    10
                                                                                                                                                                                                    11
                                                                                                                                                                                                    SupremeToday Portrait Ad
                                                                                                                                                                                                    supreme today icon
                                                                                                                                                                                                    logo-black

                                                                                                                                                                                                    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                                                                                                                                                                                    Please visit our Training & Support
                                                                                                                                                                                                    Center or Contact Us for assistance

                                                                                                                                                                                                    qr

                                                                                                                                                                                                    Scan Me!

                                                                                                                                                                                                    India’s Legal research and Law Firm App, Download now!

                                                                                                                                                                                                    For Daily Legal Updates, Join us on :

                                                                                                                                                                                                    whatsapp-icon telegram-icon
                                                                                                                                                                                                    whatsapp-icon Back to top