KARNAIL SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The State government of Haryana exercising the power under Section 4 of the Punjab Gram Panchayat Act, 1952, (for short 'the Act') issued the notification dated 18/12/1991 amalgamating Bhorakh and Harigarh Gram Sabhas as Bhorakh Madan Harigarh Gram Sabha with consequential changes in the respective columns in Block Pehowa in Kurukshetra District. The said notification when was challenged by the second respondent and others in WP No. 499 of 1992, the learned Single Judge of the Punjab and Haryana High court by his order dated 2/11/1993 quashed the said notification. On appeal in LPA No. 893 of 1993, by order dated 21/12/1993, the division bench summarily dismissed the appeal. Thus, this appeal by special leave.

(3.) It is not in dispute that in the year 1988 separate gram sabha areas were constituted which was upheld by the High court. On 13/11/1991, the Gram Panchayat, Bhorakh had resolved requesting the government to amalgamate the two gram panchayats into one. Thereon, the Block Development and Panchayat Officer in his Report dated 28/11/1991 recommended amalgamation which was reaffirmed by his subsequent report dated 30/11/1991. But the Deputy Commissioner in his recommendation dated 2/12/1991 opined to maintain the two panchayats. On a representation made by the people, the Minister for Panchayats caused an enquiry made by the Director, Panchayats, who had noticed that the then Sarpanch one Atma Ram, by obtaining fictitious decrees in the names of third parties from courts had unlawful possession of 86 acres and 2 kanals of Gram Panchayat (Shamlat) land and that therefore, it was a matter for amalgamation to avoid such mismanagement and misuse of the office. When it was sent back for further enquiry, the Deputy Director had agreed to it. In the meanwhile, a notification was issued on 11/12/1991 to maintain the two panchayats separately. After receipt of the second report, the government have resolved and the Minister concerned had agreed for the amalgamation of the two panchayats and constitution of one panchayat as stated hereinbefore. As stated earlier, when the notification published under Section 4 (2 came to be challenged in the writ petition, the learned Single Judge quashed it mainly on the ground that misuse of the office by the Sarpanch could be prevented by other alternative correctional methods and on account of his misuse of the office, the two gram sabhas, existing earlier and functioning smoothly on democratic basis, cannot be disturbed.