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2025 Supreme(Online)(P&H) 7179

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMANDEEP SINGH AND OTHERS – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent



In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-12.12.2025 Amandeep Singh and others … Petitioners Versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MRS. JUSTICE RAMESH KUMARI Present:- Mr. D.S. Patwalia, Senior Advocate with Mr. Ramandeep Singh, Advocate and Mr. Paras Chander Kashyap, Advocate for the petitioners. Mr. Rahul Rampal, Additional Advocate General, Punjab.

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GURVINDER SINGH GILL, J. (Oral)

1. The petitioners, who are all resident of District Sahibzada Ajit Singh Nagar (SAS Nagar), Mohali assail notification dated 10.9.2025 (Annexure P-3) issued by Department of Rural Development and Panchayat, Government of Punjab, in exercise of powers conferred by Sections 163 and 164 of Punjab Panchayati Raj Act, 1994, wherein the territorial constituencies pertaining to Zila Parishad, District SAS Nagar have been redefined/notified; and also notification dated 10.9.2025 (Annexure P-2) issued by Department of Rural Development and Panchayat, Government of Punjab, wherein the territorial constituencies pertaining to elections to members of the Panchayat Samities have been redefined/notified.

2. It may here be mentioned that as far as notification dated 10.9.2025 (Annexure P-3) is concerned, the petitioners are no longer aggrieved inasmuch as the elections to Zila Parishad, District SAS Nagar have already been postponed and as such the petitioners do not press upon their petition qua said notification at this stage.

3. The petitioners’ contention is primarily to the effect that once exercise of ‘delimitation’ pertaining to Zila Parishad as well as Panchayat Samiti Blocks had been undertaken in the month of August, 2025 vide notification dated 8.8.2025 (Annexure P-1) and thereafter elections to the Zila Parishad and Panchayat Samities had been announced by respondent No.2 – Punjab State Elections Commission on 28.11.2025 and in respect of which a formal notification had also been issued on 1.12.2025 (Annexure P-7), it was not open to the respondent – State to tinker with the Zila Parishad/Panchayat Samities Blocks, whereas by virtue of notification dated 28.11.2025 published on 29.11.2025 (Annexure P-4), the respondent – State has taken out 15 villages out of the purview of Panchayat Samiti, Mohali Block and have included said villages in the schedule of boundary of Municipal Corporation, District SAS Nagar. In other words, said 15 villages were taken out of the purview of election to the Panchayat Samities Mohali Block.

4. Pursuant to issuance of notice of motion on 8.12.2025, Mr. Akshay Kumar, AAG, Punjab had accepted notice on behalf of the respondent – State.

5. Short reply by way of affidavit of Mr. Uma Shankar Gupta, Special Secretary, Department of Rural Development and Panchayats, Punjab has been filed by learned State counsel, which is taken on record.

6. The stand taken by the State in the aforesaid reply is that the State is fully competent to add/exclude any area to the Municipal Corporation and that the same is a legislative function. It has been submitted that by virtue of notification dated 28.11.2025 (published on 29.11.2025) (Annexure P-4), out of the 4 Panchayat Samities Blocks, District SAS Nagar, 3 of the blocks are untouched i.e. Majri, Kharar and Derabassi and that only 15 Gram Panchayats out of Panchayat Samiti Mohali Block have been taken out and have been merged with Municipal Corporation, District SAS Nagar, which infact is a kind of upgradation of the said area and for which the State was duly competent.

7. Learned State counsel has further informed that, in any case, the elections to Zila Parishad, District SAS Nagar and Pancyhayat Samities, Mohali Block stand postponed, whereas the elections to the untouched three blocks i.e. Majri, Kharar and Derabassi will be held as per the schedule notified vide notification dated 1.12.2025 (Annexure P-7).

8. Learned State counsel has vehemently argued that the writ petition

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