JAI PAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, a resident of village Achheja, Block Hasanpur, District Palwal, has filed this petition seeking quashing of the Notification dated 01.04.2013 (Annexure P-2) issued by the Haryana Government, being illegal, ultra-vires, void and without jurisdiction.

(2.) By way of the aforesaid Notification, the Haryana Government in exercise of the powers conferred by sub-sections (1) and (3) of Section 7 and sub-section (1) of Section 8 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'), has excluded the areas of villages Bhavana, Achheja, Karimpur, Nai Nangla, Chavan Ka Nangla and Bharka including village Indra Nagar, from the Sabha area of Gram Panchayat Kushak, Block Hasanpur, District Palwal, and established Gram Panchayats by the name of Bhavana, Achheja, Karimpur, Nai Nangla, Chovan Ka Nangla and Bharka. However, in the impugned Notification, it has been categorically stated that creation of new Gram Panchayats for the aforesaid six villages shall be subject to the condition that these Panchayats will be effective at the time of next general elections of Panchayati Raj Institutions. This Notification was issued by the Government after considering the resolution passed by the Gram Panchayat. This fact has not been disputed by the petitioner.

(3.) The action of bifurcation or creating a new Gram Panchayat under Section 7 of the Act has been held to be legislative function. In State of Punjab versus Tehal Singh, 2002 2 RCR(Civ) 1, it has been held that before exercising the said power, the Government is not required to issue any notice or to provide hearing to any resident of the village. As per the Instructions dated 23.03.1999 (Annexure P-4) issued by the Government, the requirement for bifurcation/establishment of Gram Panchayats is that minimum population of the area to be separated is 500 and the further requirement is that a resolution in this regard should have been passed by the Gram Panchayat. Both these requirements have been fulfilled in the instant case.