PARAMJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Petitioner Has Challenged The Order Dated 12.04.2013 Whereby His Prayer For Merger Of Gram Panchayat Ilahi Baksh Bodla With Gram Panchayat Guddar Panj Grain Has Been Rejected.

(2.) In Brief, The Facts Of The Case Are That By Notification Dated 12.02.2008, Gram Panchayat Ilahi Baksh Bodla Was Separated From Gram Panchayat Guddar Panj Grain. Gram Panchayats Were Constituted By Way Of Election, But Before The Fresh Elections, Which Were Scheduled To Be Held In The Month Of July 2013, A Representation Was Made To The Concerned Authorities For Merger Of These Two Panchayats By Passing A Resolution On 28.06.2012. Since The Prayer Of The Petitioner, Who Wanted That The Gram Panchayat Ilahi Baksh Bodla Be Merged In The Gram Panchayat Guddar Panj Grain, Was Not Acceded To, She Filed Cwp No.5099 Of 2013 In Which Limited Prayer Was Made That The Authority Concerned Be Directed To Decide The Representation Of The Petitioner In Accordance With Law Within A Stipulated Time And In Accordance With Law. The Prayer Was Allowed, Consequently, Her Representation Was Considered And Rejected By The Special Secretary, Government Of Punjab, Rural Development And Panchayat Department, Vide Order Dated 12.04.2013, Which Has Been Challenged In The Present Writ Petition. The Relevant Portion Of The Order, Which Has Been Assailed Herein, Reads As Under:-

(3.) Counsel For The Petitioner Has Submitted That In The Impugned Order, A Reference Has Been Made To The Instructions Dated 13.08.2012 In Which It Is Also Provided That For Creating A Separate Gram Panchayat/Gram Sabha, The Consent Of The Members Of The Gram Sabha By Way Of Resolution Is Required. In This Regard, He Has Relied Upon A Decision Of The Supreme Court In The Case Of State Of Punjab V. Tehal Singh, 2002 2 RCR(Civ) 1 To Contend That Exclusion And Inclusion From Gram Sabha Area Are Legislative Act In Which Principle Of Natural Justice Are Not Applicable, Meaning Thereby That Opportunity Of Hearing Is Not Required To Be Given. It Is Further Submitted That The Establishment Of Gram Sabha Areas Is Governed By The Punjab Panchayati Raj Act, 1994 (Hereinafter Referred To As The "Act") Which Provides For Establishment Of New Gram Sabha Area If The Abadi Is Not Less Than 300, Whereas Abadi Of Village Ilahi Baksh Bodla, Which Was Created In The Year 2008, Is Far Less.