HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of this order, I shall dispose of 4 petitions bearing CWP Nos.13671, 13428, 14832 and 23185 of 2013 as the issue involved therein is common. However, the facts are extracted from CWP No.13671 of 2013. In brief, the Rural Development and Panchayat Department addressed a letter dated 13.08.2012 to all the Block Development and Panchayat Officers in the State of Punjab regarding inter-change of areas of the Gram Sabhas and creation of new Gram Sabhas before the general elections of the Gram Panchayats. It was alleged therein that applications have been received by the department for creating new Gram Sabhas and there are possibility of such more applications to be filed in future. Thus, it was desired that if such applications are received from the residents of the villages, after preparing informations/proposals in the performa 1 & 2 which were attached with the letter dated 13.08.2012, the same be sent to the department up to 30.09.2012 through the concerned District Development and Panchayat Officer. Certain other guidelines were also laid down for the purpose of sending proposals.

(2.) The Gram Panchayat Mehla, Block Dirba, Tehsil Sunam, District Sangrur, decided in its meeting dated 22.08.2012 that since village Mehla is a large village and it is difficult to manage its affairs by one Panchayat, therefore, a new Panchayat be created. The resolution was sent to the District Development and Panchayat Officer where objections were filed by the petitioners and others against creation of new 2 Gram Panchayats out of one, but ultimately, by way of notification dated 19.12.2012 issued under the provisions of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as the "Act"), 2 Gram Panchayats, namely, Model Town Mehla and Model Town Mehla-2 were carved out from Gram Panchayat Mehla.

(3.) The petitioners, who happen to be former Panches of the village, along with others, filed CWP No.3704 of 2013 challenging the aforesaid notification dated 19.12.2012. The said writ petition was taken up along with 8 other writ petitions of the other villages and the batch of writ petitions were decided by the learned Single Judge by a common order dated 27.05.2013. However, while deciding CWP No.3704 of 2013, following observations were made:-