CWP-11710-2021

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-11710-2021

Date of decision:-19.05.2022

Ashok Kumar Kadwasara and anr

....Petitioners

vs

State of Haryana and ors.

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Vikram Singh, Advocate

for the petitioners.

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

Mr. Saurabh Mago, AAG, Haryana

***

Ritu Bahri, J.

Through the present writ petition, the petitioners are seeking

setting aside of order dated 24.05.2021 (P-7); order dated 30.04.2021 (P-6);

final wardbandi of Panchayat Samiti and Zila Samiti dated 28.05.2021 (P-8

and P-9).

Brief facts of the case are that the initial list of Wardbandi for

the purpose of holding elections of Panchayat Samiti and Zila Parishad

Tosham was issued on 26.04.2021 as per Rule 4(6) of the Haryana

Panchayati Raj Election Rules 1994 (for short 'Rules 1994'). The copy of the

initial list of Wardbandi of Panchayat Samiti and Zila Parishad are attached

as Annexures P-1 and P-2. The objections were to be decided from

30.04.2021 to 05.05.2021 as per Rule 4 (6) of Rules, 1994 and appeal, if

any, against the order of SDO (C), was to be filed before the Deputy

Commissioner within three days i.e. from 06.05.2021 to 08.05.2021 as per

Rule 4 (8) and the Deputy Commissioner was required to decide the appeal

from 10.05.2021 to 19.05.2021 and the final publication of wards was to be

GAURAV ARORA

2022.05.26 09:40

I attest to the accuracy and

integrity of this document

Chandigarh

CWP-11710-2021

2

published on 20.05.2021.

Thereafter, the petitioners and others filed certain objections

before the Sub Divisional Officer (Civil) Tosham that Village Patodi Khurd,

which comes in Ward No.21 of Panchayat Samiti. The Hadbast of Village

Patodi Khurd and Patodi Kalan is same, which is known as Patodi. However

Panchayats are two and the population of both villages are approximately

equal to the ward of one Panchayat Samiti. In Ward No.21, the Wards

No.15 to 18 of Village Sandwa Panchayat have been included, these all

three wards be removed from our Panchayat Samiti Ward No.21 and our

both villages be kept in Ward No.21 separately. The copy of the objection

dated 29.04.2021 is Annexure P-3.

Petitioner No.1 also raised the objection regarding Wardbandi

of Zila Parishad that Ward No.12 of Zila Parishad Miran, Gakhpura Kalan,

Gakhpura Khurd and Chapar Jogiyan be included in Ward No.13 of Zila

Parishad. Further from Ward No.13 of Zila Parishad Village Sandwa,

Bushan, Sahlewal, Hasan be included in Ward No.13 of Zila Parishad.

Further requested to include Village Alampur, Pilorh, Kharkadi, Sohan,

Dabrik in Ward No. 12 from Ward No. 14 of Zila Parishad. The copy of

objection dated 29.04.2021 is Annexure P-4.

Petitioner No.2 also raised objection and requested for change

in Ward No.12, 13 of Zila Parishad and requested that three villages

Garanpura Kalan, Garanpura Khurd and Chappar Jogiyan be included in

Ward No. 13 instead of Ward No. 12 on the ground that these villages are

within 10-15 km from Ward No.13. Copy of objection dated 29.04.2021 is

Annexure P-5.

The grievance of the petitioners before this Court is that their

GAURAV ARORA

2022.05.26 09:40

I attest to the accuracy and

integrity of this document

Chandigarh

CWP-11710-2021

3

objections were dismissed vide non speaking and non-reasoned order, while

passing the impugned order 30.04.2021 (P-6).

Petitioners filed appeal before Lower Appellate Authority and

the appeal was dismissed, vide order 24.05.2021(P-7). Thereafter the final

publication has been done for the Wardbandi of Panchayat Samiti as well as

Zila Samiti on 28.05.2021 (P-8 and P-9).

On notice of the petition, a reply dated 25.07.2021 has been

filed on behalf of respondent Nos. 2 and 3 and in preliminary submission, it

has been stated that the Zila Parishad, Bhiwani comprised of 30 wards in the

5th PRI term (2016 -2021). Thereafter, the