SOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) It is a petition under Article 226 of the Constitution of India. The petitioners are the residents of village Dhani karn Singh, Ferozepur. Their case is that the total number of voters in the village is 1,146 and it has all the requisites of being declared as, a Gram Sabha. Consequently, the respondent state should be directed to constitute a Gram Sabha for the village in question so that the elections to the Gram Sabha may be held. Written statement has been filed in which it has been stated that initially in the notification dated December 31, 1992, this village was constituted as a Sabha area, but subsequently it was deleted. The only ground of deletion is that since the Block Development and Panchayat Officer Khuhian Sarwar did not have the jurisdiction in regard to village Dhani Karnail Singh the name of village Dhani Karnail Singh was deleted. In our opinion, it is necessary for the State Government to consider as to whether the village Dhani Karnail Singh may be constituted a Sabha area or not under Section 4(1) of the Punjab Gram Panchayat Act . Under the circumstances, a writ of mandamus is issued to respondent Nos. 1 and 2 to consider the question as to whether village Dhani Karnail Singh should be declared as a Sabha area or not, within a month, from the date of certified copy of this order is produced before the Director, Panchayats, Punjab. In case it is declared as a Sabha area, consequential elections be held in accordance with law.

(2.) With the above direction, this writ petition, is disposed of.