CWP-7428-2021

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-7428-2021

Date of decision: 18.11.2021

Balwan and another

...Petitioners

Vs.

State of Haryana and others

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Vipin Yadav, Advocate,

for the petitioners.

Mr. Ankur Mittal, Addl. A.G., Haryana,

and Mr. Saurabh Mago, AAG, Haryana.

***

Ritu Bahri, J. (oral)

Petitioners are seeking quashing of the notification dated

23.02.2021 (Annexure P-7), whereby Gram Panchayat, Barwas, has been

bifurcated by carving out a separate Gram Panchayat for village Basirwas.

Petitioners are residents of village Basirwas, Tehsil Loharu,

District Bhiwani, which was part and parcel of Gram Panchayat, Barwas.

Both villages Basirwas and Barwas are situated in close proximity and had

been continuing under one Gram Panchayat i.e. Gram Panchayat, Barwas.

Petitioners are registered voters of the said Gram Panchayat and are thus,

members of the Gram Sabha. Total population of both the villages, as per

last decennial census, is 2651, out of which, population of village Barwas is

2233 and that of village Basirwas is 418. A meeting was conducted on

21.02.2020 in village Basirwas with the proposed agenda of creation of

separate Gram Panchayat for village Basirwas from the existing Gram

AJAY PRASHER

2022.01.18 22:47

I attest to the accuracy and

integrity of this document

CWP-7428-2021

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Panchayat, Barwas. Thereafter, a resolution dated 21.02.2020 (Annexure P-

1) was passed, which was forwarded to the BDPO concerned. As per

Section 7 of the Haryana Panchayati Raj Act, 1994, the Government may

declare any village or part of a village or group of contiguous villages with

population of not less than 500, to be constituted one or more Sabha Area

and the population has to be ascertained on the basis of last decennial

census. However, in exceptional cases, the Government may relax the limit

of population of 500 for reasons to be recorded in writing. As per Section 8

of the said Act, the Government may by notification, establish a Gram

Panchayat by name for every Sabha Area and that every Gram Panchayat

shall consist of Sarpanch and Six or more number of Panches as per the

population, subject to maximum of twenty members. Sections 11 and 12 of

the Act provide meeting, quorum, powers and functions of the Gram Sabha.

For conducting extraordinary meeting, a requisition of the

Panchayat Samiti or of not less than 1/10 of the total members of Gram

Sabha in writing and also a notice of such meeting, stating the purpose for

calling such meeting, must be published as per the prescribed procedure.

Upon receipt of such requisition, the Sarpanch shall call an extraordinary

general meeting of the Gram Sabha within thirty days from the receipt of

such requisition. Further, the meeting of the Gram Sabha shall be conducted

in the manner as prescribed with due regard to the requirement of quoram.

In the present case, neither any prior notice for the general meeting nor any

requisition of the Panchayat Samiti or of 1/10 members of the Gram Sabha

has been received for calling the emergency meeting or passing the

resolution dated 21.02.2020 (Annexure P-1). It is stated that the said

meeting was attended by 171 members of Gram Sabha as against the total

AJAY PRASHER

2022.01.18 22:47

I attest to the accuracy and

integrity of this document

CWP-7428-2021

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membership of Gram Sabha i.e. 1933, which is much less than the requisite

norm of 1/10 and even out of such 171 members, only 133 supported the

said proposal. The BDPO, vide letter dated 27.02.2020 (Annexures P-2 and

P-3), recommended creation of separate Panchayat for village Basirwas.

Vide letter dated 13.03.2020 (Annexure P-4), this proposal was sent back by

the Deputy Commissioner, Bhiwani calling upon the BDPO to re-send the

proposal with clear justification for carving separate panchayat of village

Basirwas, as its popu