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2023 Supreme(P&H) 3422

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RITU BAHRI, MANISHA BATRA, JJ.
Gurdas Singh – Petitioner
Versus
State of Punjab & Ors. – Respondents
CWP NO. 26156 of 2019
Decided On : 12-01-2023

Advocates Appeared:
Mr. Surinder Garg, Advocate; For the Petitioner
Ms. Anu Pal, Sr. DAG, Punjab.

Headnote:(A) Punjab Panchayati Raj Act, 1994 - Sections 3, 4, and 10-A - The petitioner's challenge against the merger of two Gram Panchayats was dismissed for lack of merit, as proper legal procedure was followed - The resolutions of the Gram Sabhas expressed the desire for the merger, thus legitimizing the subsequent action - The absence of a required notice was deemed non-essential under the Act in this context. (Paras 2, 6)

(B) Administrative Law - Procedure and fairness - The court upheld the legitimacy of administrative decisions when statutory procedures are observed, emphasizing the state’s prerogative in panchayat delimitation without necessitating prior notification to villagers. (Paras 5, 6)

Facts of the case:
The petitioner sought to quash the order merging two Panchayats into one without following prescribed procedures under the Punjab Panchayati Raj Act, alleging political motives and lack of public consultation. The government reiterated that the merger was based on resolutions from the Gram Sabhas and emphasized that the required procedures were followed.

Findings of Court:
The merger of the Panchayats was conducted in accordance with the prescribed legal framework and the resolutions reflected the democratic will of the concerned Gram Sabhas.

Issues: The court addressed whether the merger observed legal procedures and if the absence of public notification invalidated it.

Ratio Decidendi: The court concluded that since the necessary procedures were adhered to, including the consideration of Gram Sabha resolutions, there were no grounds for intervention in the merger decision, asserting the authority of the state in structuring panchayat governance.

Result: Petition dismissed.

Table of Content
1. petitioner seeks to quash panchayat merger. (Para 1 , 2)
2. respondents argue merger followed legal process. (Para 3 , 4)
3. court affirms legal precedent on panchayat merger. (Para 5 , 6)
4. court dismisses petition for lack of merit. (Para 7)

JUDGMENT

Ritu Bahri, J.

Petitioner is seeking quashing of the order dated 18.06.2019 (Annexure P-4), issued vide endorsement dated 01.08.2019, whereby application filed by the petitioner challenging the merger of two Panchayats into one has been rejected.

2. Village Lambi falls within District Sri Muktsar Sahib and it is a big village. Prior to elections of 2013, there was only one Gram Panchayat, but as it is a big village having about 3500 votes for Gram Panchayat Elections, so in the year 2013, the said Gram Panchayat Lambi was bifurcated into two Panchayats i.e. Gram Panchayat Lambi and Gram Panchayat Lambardar Patti, Lambi having serial Nos. 43 and 44 respectively. In the year 2013, the elections were held in the above said two Gram Panchayats separately. In 2013, the Akali Government was in power in the State of Punjab and in the year 2017, the Congress Government came in power. After coming in power, they started reversing the decisions taken by the Akali Government. Before declaring the schedule for Gram Panchayat elections, the respondents had merged two Panchayats i.e. Gram Panchayat, Lambi and Gram Panchayat, Lambardar Patti, Lambi into one Panchayat i.e. Gram Panchayat, Lambi, without issuing any notification or order with regard to merger. Petitioner has placed on record copy of letter dated 22.06.2018, along with order dated 04.07.2018 (Annexure P-1), in which amended list of Gram Panchayats after merging Gram Panchayat, Lambardar Patti in Gram Panchayat Lambi was issued. Grievance of the petitioner is that before merging the aforesaid two Panchayats, no notice was given to the residents of the village and no objections were invited from them. The respondents, at their own with a political motive, have ordered merger of two Panchayats of village Lambi. Before merger, there were 2500 votes in Gram Panchayat, Lambi and about 1000 votes in Gram Panchayat, Lambardar Patti, Lambi. As per petitioners, necessary procedure contained in Sections 3 and 4 of the PUNJAB PANCHAYATI RAJ ACT , 1994 has not been followed while merging these two Gram Panchayats. As per Section 10-A of the said Act, the Deputy Commissioner, by notification published in the official Gazette, shall propose the formulation of wards of the Gram Sabha area. List of proposed wards shall be affixed on the notice board of the offices of Block Development & Panchayat Officer, the District Development & Panchayat Officer and Gram Panchayat concerned. In case of any objection or suggestion, a person registered as voter of the Gram Sabha area may submit the same in writing to the office of Deputy Commissioner within a period of seven days. On receiving of any objection, the Deputy Commissioner shall hold summary enquiry and record his decision thereon within a period of 30 days. As per petitioner, in the present case, this procedure has not been followed. Earlier, the petitioner has filed CWP No.18260 of 2018, which was got dismissed as withdrawn with a liberty to file fresh one with better particulars. Thereafter, he along with other persons, filed CWP No.22765 of 2018 seeking quashing of the action of respondents, vide which two Panchayats have been merged into one without passing any order and issuing any notification. The said petition was disposed of vide order dated 14.03.2019 (Annexure P-3) by giving direction to the competent authority to hear all the concerned parties by calling records of the concerned officials and thereafter, pass a speaking order within six months. Thereafter, the order dated 18.06.2019 (Annexure P-4) rejecting the claim of the petitioner was passed by observing that vide resolution dated 30.12.2017 passed by the Gram Sabha, Lambardar Patti, Lambi and resolution dated 29.12.20

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