SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) CAN the Government constitute more than one sabha area in a village under Section 4 of the Punjab Gram Panchayat Act, 1953? This is the short question that arises for the consideration of this Full Bench. A few facts may be noticed.

(2.) ON July 8, 1986, the Government of Haryana issued a notification under Sections 4 and 5 of the Punjab Gram Panchayat Act, 1952 (as applicable to Haryana) (hereinafter referred to as 'the Act'). This notification reads as under : - "HARYANA GOVERNMENT DEVELOPMENT AND PANCHAYATS DEPARTMENT NOTIFICATION. No. DIH -DA -1 -88/460. Dated 8th July 1988. In exercise of the powers conferred by sub -sections 1 and 2 of Section 4 and Section 5 of the Punjab Gram Panchayat Act, 1952 (Punjab Act 4 of 1955) and all other powers enabling him in this behalf and in suppression of all the previous notifications issued in this behalf, the governor of Haryana hereby declares the village or group of villages specified in column 2 of the Schedule given below to be Sabha Area and establishes a Gram Panchayat for this Sabha Area by the name specified against in column 5 of the said schedule, which shall consist of such number of Panches,, including Sarpanch as is specified against the Gram Panchayat in column No. 6 thereof out of which the number of panches belonging to the Scheduled Castes shall be as mentioned in column 7 and number of Panches belonging to Backward Class shall be as mentioned in column 8 of the said schedule: - Sr. No. Name(s) village (s) constituting Sabha Area Block District Name of Gram Panchayat No. of Panches including Sarpanch No. of Panches belonging Sarpanch No. of Panches belonging to g to B.C. 1 2 3 4 5 6 7 8 177 Gagana Mundlana Sonepat Gagana 7 2 1 177 Gandiapan a Ganga Mundlana Tandipana Gagana 6 7 1 90 Rukhi Gohana Rukhi 6 1 1 90A Rukhipana Gohana Rukhipana 6 1 1 Sd/ - (G.M. Goyal) Commissioner & Secretary to Government Haryana, Development and Panchayat Department."

(3.) FIVE residents of village Gagana, who are members of the Gram Sabha and voters for the Assembly consistency have approached this court through the present writ petition to challenge the validity of this notification. The primary ground urged in support of the petition is that under the scheme of the Act, a village is the basic unit. It cannot have more than one Gram Panchayat.