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2013 Supreme(P&H) 591

Jasbir Singh, Rakesh Kumar Jain
Punjab Pradesh Congress Committee – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Anupam Gupta, Senior Advocate, with Mr. S.S.Swaich, Advocate, and Mr. Karan Sandhu, Advocate.
Mr. Ashok Aggarwal, Advocate General, Punjab, with Mr. H.S.Sidhu, Addl. Advocate General, Punjab.

JUDGMENT

Mr. Rakesh Kumar Jain, J.:- Punjab Pradesh Congress Committee has filed this petition in public interest seeking; a declaration that the provisions of Sections 10 and 10-A of the Punjab Panchayati Raj Act, 1994 (Amendment Act No.4 of 2012) [hereinafter referred to as the “Amendment Act”] is ultra vires to the Constitution of India and the Punjab State Election Commission Act, 1994, insofar as it excludes the role/superintendence, direction and control of State Election Commission in the formation of wards in Gram Sabhas; a direction to the respondents to undertake, complete and finalize the entire process of Wardbandi in all the Gram Sabhas in all the Districts of the State of Punjab strictly in accordance with the provisions of Sections 10 and 10-A of the Amendment Act and Part-IX of the Constitution of India; for quashing the entire process of Wardbandi hitherto done by the respondents in violation of mandatory provisions of Section 10 and 10-A of the Amendment Act; quashing all the subsequent proceedings regarding the preparation/revision of voter lists on the basis of illegal Wardbandi; directing the respondents to initiate and undertake the process of Wardbandi and re




































































































































































































































































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