GULZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in this writ petition is to the notification dated 18.5.1998, whereby the State of Punjab has declared and constituted village Basti Ujagar Singh a separate Gram Sabha.

(2.) The case set up by the petitioner, in brief, in so far as relevant, was that there was no separate/distinctive abadis of village Basti Ujagar Singh, except few houses of landlords, built in their own agricultural land connected with other houses. According to the petitioner that as neither there was a separate abadi of the name of Basti Ujagar Singh nor there were required number of votes, therefore, the constitution of its separate Gram Sabha is illegal, colourable exercise and misuse of statutory powers by the respondents. On the basis of aforesaid allegations, the petitioner sought the quashment of notification dated 18.5.1998, constituting a separate Gram Sabha, in the manner indicated here-in-above.

(3.) The respondent Nos. 1 and 2 contested the claim of the petitioner and filed their written statement, inter-alia, pleading certain preliminary objections of maintainability of the writ petition on the sole ground that as per the notification dated 18.5.1998, new panchayat by the name of Basti Ujagar Singh has already been constituted, election thereto has also been held in the month of June, 1998, duly elected body has already taken over the charge and started its functioning. As such according to the respondents, the writ petition becomes infructuous in this context.