IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (102) Date of Decisio n : 19.12.2025

1. CWP-14331-2024 (O&M)

Hari Partap …Petitioner Versus Mukh Ram Saini (now deceased)

through his LRs and others ...Respondents

2. CWP-18070-2024 (O&M)

Mahabir Prasad Saini …Petitioner Versus Sheela and others ...Respondents CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Mukesh Kumar Verma, Advocate for the petitioner(s) in both the cases.

None for respondents in CWP-14331-2024.

Mr. Rose Gupta, Advocate Ms. Anita Kumari, Advocate Ms. Muskan, Advocate and Ms. Nitasha Singhla, Advocate for the respondents No.1 to 6 in CWP-18070-2024.

Mr. Kushagra Mahajan, Advocate for respondent No.10 in CWP-18070-2024.

Mr. Kapil Bansal, DAG, Haryana.

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KULDEEP TIWARI, J. (ORAL)

1. Both the instant petition(s) are amenable to be decided together, as the common legal issue has been raised through these petition(s), to throw a challenge to the impugned order(s) dated 14.12.2022 (Annexure P-9) in CWP-14331-2024, as well as order dated 16.01.2024 (Annexure P-15) in CWP-18070-2024, respectively, as passed by the learned Maintenance Tribunal, as well as, the learned Appellate Authority concerned. Therefore, the same are taken up together for adjudication.

2. Learned counsel for the petitioner(s) submits that a Single Member being Chairman, is not empowered to pass any order in view of the specific provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as ‘the Act of 2007’), as well as, the notification dated 26.05.2015, issued by the State of Haryana, wherethrough, the jurisdiction is bestowed upon the learned Maintenance Tribunal concerned.

3. This Court, vide order dated 04.12.2025, had passed the hereinafter extracted order, upon the instant petition(s) :-

“The issue of jurisdiction has been raised by way of instant applications, asserting that the impugned orders are illegal and perverse, being hit by the principle of coram non judice.

To have a clear picture about the competence of the learned Appellate Tribunal, the Director, Social Justice & Empowerment Department, Haryana, is directed to file a specific affidavit dealing with the contents of the applications, and also, as to whether, a Single Member, as Chairman, is empowered to pass any order, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Further, all the notifications, along with Rules, in this regard, till date, shall also be made part of the affidavit.

Adjourned to 19.12.2025.

To be shown in the urgent list.

It is made clear that, on the subsequent date of hearing, no request for adjournment would be entertained on behalf of either side.

A photocopy of this order be placed on the file of connected case.”

4. In deference to the directions (supra), affidavit of Mr. Prashant Panwar, Director, Social Justice Empowerment Welfare of SCs and BCs and Antyodaya (SEWA), Department, Haryana, filed today in the Court. The same is taken on record.

5. The affidavit (supra), speaks that the State Govt. has notified the Rules i.e. the Haryana Maintenance of Parents and Senior Citizens Rules, 2009 (hereinafter to be referred as ‘the Rules, 2009’), to implement/regulate the provisions of the Act of 2007. Rule 3 of the Rules 2009, provides for constitution of Maintenance Tribunal, in view of provisions of Section 7 of the Act of 2007, as per which there shall be Maintenance Tribunal comprising of three members, i.e. one official and two non-official members as prescribed therein, and the same will be presided over by Sub Divisional Magistrate.

6. Further, Rule 17 of the Rules 2009, deals with the constitution of Appellate Tribunal, in view of provisions of Section 15 of the Act of 2007. According to which, there shall be Appellate Tribunal comprising of three members, i.e. one official and two non-official members as prescribed therein, and the Tribunal will be presided over by the District Magistrate.

7. While referring to the legal propositions,