LAWS(P&H)-1971-3-29

RANJIT SINGH Vs. THE STATE OF HARYANA, ETC.

Decided On March 24, 1971
RANJIT SINGH Appellant
V/S
The State Of Haryana, Etc. Respondents

JUDGEMENT

(1.) UNDER Section 5 of the Punjab Panchayat Samitis and Zila Parishads Act, 1&61 (hereinafter referred to as the Act) one of the members of the Panchayat Samati for a Block has to be "a Member representing the Market Committees in the Block elected by the members of such Committees from amongst the producer members residing within the jurisdiction of the Panchayat Samiti." In 1964 Amrik Singh (Respondent No. 4) was so elected to the Panchayat Samiti, Nilokheri. Before the expiry of his term of membership of the Samiti, fresh elections to the Market. Committees in the Block took place, but he was not returned. He, however, continued to function as a Member of the Panchayat Samiti at Nilokheri when the Commissioner, Agricultural Production and Rural Development and Secretary to Government, Haryana, Development and Panchayat Department, wrote to all the Deputy Commissioners in the State of Haryana that if a member representing Market Committees had ceased to be a member of any Market Committee, he had become disqualified for being elected as Member to the Panchayat Samitis or Zila Parishad. Accordingly, the Deputy Commissioner, Karnal, considered that Amrik Singh Respondent could not remain a member of the Panchayat Samiti, Nilokheri, and fresh election had to take place in the seat thus vacated by him. Thereupon the Market Committees concerned elected the Petitioner Ranjit Singly to represent it in the Panchayat Samiti, Nilokheri under Section 5(2)(a)(iii) of the Act.

(2.) BEFORE this election of Ranjit Singh could be notified by the Deputy Commissioner under Section 10 of the Act, the Government withdrew instructions contained in its memorandum No. OREO -PE -2 -67/4690 -96, dated 18th August, 1967, being contrary to the legal advice received. Thereupon the Deputy Commissioner not only re~ fused to gazette the election of Ranjit Singh as a Member of the Panchayat Samiti, Nilokheri, but also cancelled his earlier notification, dated 12th December, 1967, declaring that Amrik Singh Respondent had ceased to be a member of the Market Committee. Being thus aggrieved, Ranjit Singh came to this Court under Article 226 read with Articles 227 of the Constitution praying for a writ directing the Respondent -authorities to notify his name as a duly elected member of the Panchayat Samiti, Nilokheri. His petition having been rejected by a learned Single Judge of this Court, he has appealed under Clause (x) of the Letters Patent.

(3.) BEFORE proceeding further it may here be stated at once that so far as Punjab is concerned, the matter has been set at rest by Section 2 of the Punjab Samitis and Zila Parishads (Amendment) Act 15 1968 which has added Clause (c) to Sub -section (1) of Section 15 of the principal Act, reading thus: