KAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who had unsuccessfully contested the Third General Elections for primary membership of the Panipat Panchayat Samiti held on 10-7-1972, has filed this writ petition under Articles 226 and 227 of the Constitution of India to call in question the legality and propriety of the return as successful primary members of the Samiti of respondent Nos. 5 to 21. The petitioner had wrongly alleged in paragraph 1 of the writ petition that the State of Haryana (respondent No. 1) had ordered these elections to be held without issuing any notification under Section 113-A of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (hereinafter briefly referred to simply as 'the Act'), but he had to change his position after the State of Haryana and the Deputy Commissioner, Karnal, respondent Nos. 1 and 2 had filed a written statement denying this averment. In the replication filed by the petitioner, it had been admitted that a notification had been issued under the said Section but a fresh notification was described to have been rendered necessary in view of the delimitation of the block area concerned. A party cannot, however, be allowed to take up a new position in the replication which could have been taken up by him in his original pleadings, more so when the positions taken up in the petition and the rejoinder are inconsistent.

(2.) Fifty-six candidates, including the petitioner and respondent Nos. 5 to 21, had contested the elections for primary membership of the Panipat Panchayat Samiti. According to a notification issued by the Punjab Government on 18-9-1961 under Section 3(1) of the Act, a Panchayat Samiti was to be constituted for every block in a district except the districts of Lahaul and Spiti with effect from 2-10-1961. This notification has continued to be in force in the State of Haryana after the Punjab Reorganisation Act, 1966. The Panchayat Samiti for the Panipat block area was originally comprised of seventy-three gram sabha areas, as may appear from the notification dated 28th April, 1961 (Annexure 'B' to the petition) issued under Section 2(2) of the Act. This notification was superseded by another notification dated 18-5-1972 (Annexure 'C' to the writ petition) issued in pursuance of the provisions of Section 2(2) of the Act. Twelve sabha areas were excluded from the Samiti while six new sabha areas were included so that the Samiti now comprised of sixty-seven sabha areas. This notification had been issued by respondent No. 1 about two months before the holding of the elections for Panipat Panchayat Samiti. An election programme (Annexure 'A' to the petition) had been issued by respondent No. 2. According to this programme, preliminary publication of primary electoral rolls for the election of primary members was to take place by 31-5-1972. Hearing of objections to the preliminary electoral rolls was to take place on 8-6-1972 and the publication of final electoral rolls and supply of copies, to the Gram Panchayats was to be completed by 12-6.1972. Different dates were thereafter fixed in this programme for filing and scrutiny of nomination papers. The polling of votes and declaration of results was fixed for 10-7-1972.

(3.) Shri Chhokar, the learned counsel for the petitioner, challenges the correctness of the elections on the following main grounds :-