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