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PUNJAB & HARYANA HIGH COURT
M.S.Liberhan and T.H.B.Chalapathi JJ.
Bhupinder Singh
Versus
Union Of India
Letter Patent Appeal No. 681 of 1995,
Civil Writ Petition No. 13567 of 1994,
Decided On : MAY 28, 1997
CONSTITUTION OF MUNICIPAL CORPORATION - LEGISLATIVE FUNCTION - DELEGATION OF POWER - PRINCIPLES OF NATURAL JUSTICE - CEASURE OF GRAM PANCHAYAT - ARTICLE 243(N) OF THE CONSTITUTION OF INDIA - VESTING OF ASSETS AND LIABILITIES - CONSTITUTION OF NOTIFIED AREA - ARBITRARINESS - CANCELLATION OF GRAM SABHA AREA. 1. Constitution of a Municipal Corporation or specifying the territorial jurisdiction or area in which Corporation is to function or the declaration or constitution of a Notified Area is a legislative power or function and its delegation is not unbridled, excessive and without guidelines or policy, which is quite essential for delegation of legislative function. 2. Principles of natural justice cannot be invoked with respect to legislation. Non-framing of the rules for the disposal of the gram panchayats properties is of no consequence as gram sabha area having merged into the municipal area of the Corporation or the Notified Area, all its assets and liabilities would deem to have vested in the Corporation in terms of Section 525 of the Corporation Act. 3. Ceasure of the gram sabha and the gram panchayat is a distinct concept than the dissolution envisaged under Section 211 of the Panchayati Raj Act and Article 243(E) and (N) of the Constitution. Article 243(N) of the Constitution of India or Sections 10 and 15 of the Panchayati Raj Act are not violated in any manner by the constitution of the Municipal Corporation which automatically resulted in ceasure of gram sabha and gram sabha area, thereby resulting into ceasure of the gram panchayat as well. 4. Non-framing of rules for the disposal of panchayat properties or their vesting in the Notified Area would not render the Notification constituting the Notified Area as nugatory or violative of any provision for which it can be declared to be ultra vires. 5. Constitution of a Notified Area of small villages being a legislative function, it is for the legislatures to consider it on all aspects. Ordinarily the Courts cannot substitute their opinion for the opinion of the legislatures. Mere on declaration of an area as Notified Area, later withdrawing and subsequently re-declaring, by itself would not render the declaration of the Notified Area as ultra vires or suffering from the vice of any illegality or irregularity.
Fact of the Case:
The petitioners, residents of Notified Area Committee, Mani Majra, challenged the constitution of Municipal Corporation of Chandigarh and the extension of Capital Act to Union Territory of Chandigarh, which resulted in the ceasure of gram sabhas and gram panchayats and vesting of gram sabhas properties in the Municipal Corporation.
Finding of the Court:
1. Constitution of Municipal Corporation or specifying the territorial jurisdiction or area in which Corporation is to function or the declaration or constitution of a Notified Area is a legislative power or function and its delegation is not unbridled, excessive and without guidelines or policy, which is quite essential for delegation of legislative function. 2. Principles of natural justice cannot be invoked with respect to legislation. Non-framing of the rules for the disposal of the gram panchayats properties is of no consequence as gram sabha area having merged into the municipal area of the Corporation or the Notified Area, all its assets and liabilities would deem to have vested in the Corporation in terms of Section 525 of the Corporation Act. 3. Ceasure of the gram sabha and the gram panchayat is a distinct concept than the dissolution envisaged under Section 211 of the Panchayati Raj Act and Article 243(E) and (N) of the Constitution. Article 243(N) of the Constitution of India or Sections 10 and 15 of the Panchayati Raj Act are not violated in any manner by the constitution of the Municipal Corporation which automatically resulted in ceasure of gram sabha and gram sabha area, thereby resulting into ceasure of the gram panchayat as well. 4. Non-framing of rules for the disposal of panchayat properties or their vesting in the Notified Area would not render the Notification constituting the Notified Area as nugatory or violative of any provision for which it can be declared to be ultra vires. 5. Constitution of a Notified Area of small villages being a legislative function, it is for the legislatures to consider it on all aspects. Ordinarily the Courts cannot substitute their opinion for the opinion of the legislatures. Mere on declaration of an area as Notified Area, later withdrawing and subsequently re-declaring, by itself would not render the declaration of the Notified Area as ultra vires or suffering from the vice of any illegality or irregularity.
Issues: 1. Whether the constitution of Municipal Corporation or specifying the territorial jurisdiction or area in which Corporation is to function or the declaration or constitution of a Notified Area is a legislative power or function and its delegation is unbridled, excessive and without guidelines or policy, which is quite essential for delegation of legislative function? 2. Whether the principles of natural justice can be invoked with respect to legislation? 3. Whether the ceasure of the gram sabha and the gram panchayat is a distinct concept than the dissolution envisaged under Section 211 of the Panchayati Raj Act and Article 243(E) and (N) of the Constitution? 4. Whether Article 243(N) of the Constitution of India or Sections 10 and 15 of the Panchayati Raj Act are violated in any manner by the constitution of the Municipal Corporation which automatically resulted in ceasure of gram sabha and gram sabha area, thereby resulting into ceasure of the gram panchayat as well? 5. Whether the non-framing of rules for the disposal of panchayat properties or their vesting in the Notified Area would render the Notification constituting the Notified Area as nugatory or violative of any provision for which it can be declared to be ultra vires? 6. Whether the constitution of a Notified Area of small villages being a legislative function, it is for the legislatures to consider it on all aspects. Ordinarily the Courts cannot substitute their opinion for the opinion of the legislatures. Mere on declaration of an area as Notified Area, later withdrawing and subsequently re-declaring, by itself would not render the declaration of the Notified Area as ultra vires or suffering from the vice of any illegality or irregularity?
Ratio Decidendi: 1. Constitution of a Municipal Corporation or specifying the territorial jurisdiction or area in which Corporation is to function or the declaration or constitution of a Notified Area is a legislative power or function and its delegation is not unbridled, excessive and without guidelines or policy, which is quite essential for delegation of legislative function. 2. Principles of natural justice cannot be invoked with respect to legislation. Non-framing of the rules for the disposal of the gram panchayats properties is of no consequence as gram sabha area having merged into the municipal area of the Corporation or the Notified Area, all its assets and liabilities would deem to have vested in the Corporation in terms of Section 525 of the Corporation Act. 3. Ceasure of the gram sabha and the gram panchayat is a distinct concept than the dissolution envisaged under Section 211 of the Panchayati Raj Act and Article 243(E) and (N) of the Constitution. Article 243(N) of the Constitution of India or Sections 10 and 15 of the Panchayati Raj Act are not violated in any manner by the constitution of the Municipal Corporation which automatically resulted in ceasure of gram sabha and gram sabha area, thereby resulting into ceasure of the gram panchayat as well. 4. Non-framing of rules for the disposal of panchayat properties or their vesting in the Notified Area would not render the Notification constituting the Notified Area as nugatory or violative of any provision for which it can be declared to be ultra vires. 5. Constitution of a Notified Area of small villages being a legislative function, it is for the legislatures to consider it on all aspects. Ordinarily the Courts cannot substitute their opinion for the opinion of the legislatures. Mere on declaration of an area as Notified Area, later withdrawing and subsequently re-declaring, by itself would not render the declaration of the Notified Area as ultra vires or suffering from the vice of any illegality or irregularity.
Final Decision: The appeal was dismissed with no order as to costs.
M.S.Liberhan, J.
1. This Letters Patent Appeal arises out of an order upholding Section 3(1) of Punjab Municipal Corporation Law (Extension of Chandigarh) Act, 1994 (hereinafter referred as 1994 Corporation Act), Section 1(2) of Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as Capital Act) and the Notification dated 27.7.1994, specifying the territorial area of Municipal Corporation of Chandigarh, as well as extension of Capital Act to Union Territory of Chandigarh, where the existence of gram sabhas and gram panchayats ceased and thereby further vesting gram sabhas properties in the Municipal Corporation of Chandigarh.
2. Broadly-speaking, same Notifications were challenged in civil writ petition No. 4701 of 1995 by the residents of Notified Area Committee, Mani Majra on the similar grounds. The principal questions of law raised in the civil writ petition and in the Letters Patent Appeal and other civil writ petitions Nos. 3218 of 1989, 754 of 1993 & 17778, 4423 and 4666 of 1994 can fairly be regarded as common. This Letters Patent Appeal, CWP No. 4710/1994 and other writ petitions are disposed of by this Judgment. Facts stated in the impugned Judgment in the Letters Patent Appeal, emerge as thus:-
3. Punjab Gram Panchayat Act, 1952 (hereinafter referred to as 1952 Punjab Act) was extended to Union Territory of Chandigarh on 10.1.1993. Elections to the gram panchayats were held for the term to expire some time in 1998. In conformity with the object of Seventy-third Constitutional Amendment for taking democracy to the grassroots, 1952 Punjab Act was repealed by Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 1994 Panchayati Raj Act). Notified Area Committee of Mani Majra was constituted as far back as in April, 1972 under the Punjab Municipal Act, 1911 (hereinafter referred to as 1911 Municipal Act) which was applicable to Union Territory of Chandigarh. In the year 1976, Punjab Municipal Corporation Act, 1976 (hereinafter referred to as 1976 Municipal Corporation Act) was enacted, which was extended to Union Territory of Chandigarh as well. Later, by enacting 1994 Corporation Act, 1976 Corporation Act was extended to Chandigarh. Municipal Corporation for the Union Territory of Chandigarh was constituted. Gram Panchayats of Badheri, Buterala and part of Notified Area Committee, Mani Majra ceased to exist. The constitution of the Corporation, ceasure of the gram panchayats as well as part of Notified Area Committee of Mani Majra were challenged by way of civil writ petitions, inter alia on the grounds:
(1) By constitution of the Corporation, the five-year term of the petitioners to gram panchayat had been curtailed in violation of principles of natural justice i.e. petitioners civil rights were adversely affected without granting an opportunity of hearing to them. Thus, the constitution of the Corporation is void.
(2) Effecting ceasure of gram panchayats amounts to dissolution thereof and thus is violative of Section 15(2) and 211 of 1994 of Panchayati Raj Act, read with Article 243(N) of the Constitution of India. Dissolution of gram panchayats can only be effected by a resolution of Legislature. There could not be a curtailment of term of gram Panchayats or that of its members.
(3) The Panchayats cannot be deprived of their properties without compensation and without framing rules for disposal thereof. The same could not have been vested in the Corporation as it amounts to violation of Article 31(A) of the Constitution of India.
(4) Section 3(1) of the 1994 Corporation Act and Section 1(2) of the Capital Act are ultra vires the Constitution of India because of conferring and exercise of unbridled and excessive legislative power by way of delegated legislative power without providing any policy or guidelines for its exercise.
4. Before culling out the basic issues argued in civil writ petitions, there being pari materia, it would be expedient to notice the broad relevant f
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