KAMALJEET SINGH Vs. STATE OF PUNJAB, THROUGH PRINCIPAL SECRETARY TO GOVERNMENT OF PUNJAB, LOCAL GOVERNMENT DEPARTMENT

JUDGEMENT

(1.) The petitioners, some of the whom are ex-Councillors, some are employees of Nagar Panchayat, Badhni Kalan, District Moga and others are residents of Badhni Kalan, have filed this petition for quashing Notification dated 28.12.2001 (Annexure P.6), vide which the State Government denotified Nagar Panchayat, Badhni Kalan by rescinding Notification No.277-3R-8/14998 dated 23.8.1998 (Annexure P-l).

(2.) There is no dispute between the parties that vide notification dated 23.8.1998, issued under Section 24 of the Punjab Municipal Act, 1911 (for short, 'the Act'), the State Government declared the local area comprising village Badhni Kalan to be notified area for the purposes of the said Act. However, the Notified Area Committee started functioning only in May, 1993 when the government provided staff for that purpose and also appointed an Administrator. Subsequently, the State Government issued notification N0.10/64/93-21LG-III/1068 dated 1.2.1994 under Section 248 of the Act for term of three years. In November, 1994, a duly elected body took over the management of Nagar Panchayat, Badhri Kalan. After about five years, the State Government appointed Sub Divisional Magistrate, NihanI Singhwala as the Administrator of Nagar Panchayat, Badhni Kalan vide notification dated 20.1.2000 issued under Section 14(l)(ii) of the Act. In May 2000, the State Government notified general elections for six Municipal Councils and 29 Nagar Panchayats, including Nagar Panchayat, Badhni Kalan. For this purpose, notification No. 3/21/99MEO/FA/I585 dated 12.5.2000 was issued by the Local Government Department, but just after 4 days, the State Government issued Notification No. 3/21/99/MEO/FA/1685 dated 16.5.2000 for exclusion of Nagar Panchayat, Badhni Kalan from the list annexed to Notification dated 12.5.2000.

(3.) In the meanwhile, Regional Deputy Director Ferozepur sent memo dated 20.4.2000 (Annexure P-3) to the Executive Officer, Nagar Panchayat, Badhni Kalan to give 'munadi' and collect objections from the public within 15 days regarding de-notification of Nagar Panchayat, Badhni Kalan. In all, 13 representations were submitted by the residents including Annexure A-14 to which some of the petitioners were signatories. They opposed denotification of Nagar Panchayat by contending that it would be highly determental to public interest. The representation were called for hearing in the month of November, 2001 and in pursuance of the decision taken by the Principal Secretary, Local Government Department, the impugned notification was issued.