TARSEM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application for amendment of the writ petition. Notice of this application was issued on 24/5/2019 which was duly accepted by Mr. H.S. Sullar, DAG, Punjab and Mr. Jagjeet Singh, Advocate for Mr. Amit Arora, Advocate for respondent No.5. Reply to this application by way of affidavit of the District Development and Panchayat Officer, Patiala dtd. 21/1/2020 was taken on record. For the reasons mentioned in the application, the same is allowed and the amended writ petition is taken on record.

(2.) The petitioners are seeking quashing of notification dtd. 13/3/2018 (Annexure P-4) issued by respondent No.1 whereby new Gram Panchayat under the name of Binjal Jattan has been carved out from the existing Panchayat Binjal in violation of Ss. 3, 4 and 10 of the Punjab Panchayati Raj Act, 1994. The petitioners are further seeking quashing of order dtd. 4/7/2018 (Annexure P-7) passed by respondent No. 4 as well as order dtd. 18/9/2018 (Annexure P-14) passed by respondent No.2 whereby objections filed by them, have been rejected.

(3.) On notice of this petition, reply by way of affidavit of Jaskiran Singh, Director, Department of Rural Development and Panchayats, Vikas Bhawan, Sector-62, SAS Nagar on behalf of respondents No. 1 to 4 was filed. A perusal of the said reply shows that the Gram Panchayat Sabha Binjal passed resolution on 11/10/2017 for establishing new Panchayat. Sukhdev Singh Sarpanch, Satpal Singh Panch, Karnail Singh Panch, Avtar Singh Panch and Smt. Jawalai Devi Panch were present at the time of passing resolution. A representation alongwith voter list of 400 persons was submitted by the residents of Binjal Jattan. After considering the representation, the Block Development Panchayat Officer, Bhunerhedi obtained the population from Deputy Economic Advisor, Patiala vide letter No. 2588 dtd. 10/11/2018. The Deputy Economic Advisor, Patiala informed vide endorsement No. 2790 dtd. 10/11/2017 that total population of village Binjal is 2694 and population of SC is 215. The Block Development and Panchayat Officer prepared proforma No. 1 and 2. As per the proforma No. 1, the distance is 120 mtr. from the village Binjal to new Panchayat Binjal Jattan and as per proforma No.2, the population of village Binjal is 1340 and the population of Binjal Jattan is 1354. Thereafter, the check list was verified by respondent No.3-Deputy Commissioner, Patiala and Block Development and Panchayat Officer, Bhunerhedi. After considering the record, the Deputy Commissioner, Patiala sent the proposal vide letter No. 3984/AC dtd. 29/11/2017 to respondent No.2 for establishing new Panchayat Binjal Jattan out of Gram Panchayat Binjal. After following due procedure, the competent authority i.e. Special Secretary, Rural Development and Panchayat Department approved the proposal for establishing new Gram Panchayat on 17/1/2018 and notification was issued on 13/3/2018 in this regard.