BHUPINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) WHAT is challenged in this petition filed under Article 226 of the Constitution is the notification dated 27th July, 1994 issued by the Administrator, Union Territory, Chandigarh under sub-section (1) of section 3 of the Punjab Municipal Corporation Act, 1976 as extended to Chandigarh specifying the area mentioned in the schedule thereto to be Municipal area of the Corporation of Chandigarh inter alia on the ground that the petitioners and other residents of the area were not afforded an opportunity of hearing before the notification was issued. The other ground of attack is that the notification by including the whole of the Gram Sabha area of the petitioner-Panchayats in an urban estate has the effect of dissolving the Gram Panchayats before the expiry of their term and this could be done only by a resolution passed by both Houses of Parliament and not by a notification issued by the Administrator.

(2.) FACTS giving rise to this writ petition are not in dispute and these may first be noticed - Badheri and Butrela amongst others are two villages which fall in the Union Territory of Chandigarh. Elections to the Gram Panchayats of these villages were held 10th January, 1993 in accordance with the provisions of the Punjab Gram Panchayat Act, 1952, which was then applicable to the Union Territory. Petitioners 1 and 2 were elected Sarpanches of Gram Panchayats Badheri and Butrela, respectively. Petitioners 3 and 4, the Gram Panchayats of these villages were impleaded by an order of this Court passed on 22nd May, 1995. Under section 9(2) of the Punjab Gram Panchayat Act, the petitioners were to hold office for a period of five years. The Punjab Gram Panchayat Act, 1952 was repealed by Punjab Panchayati Raj Act, 1994 (Punjab Act No. 9 of 1994) (hereinafter called the Panchayati Raj Act) which was extended to the Union Territory of Chandigarh with effect from 23rd April, 1994. On 24th May, 1994 the President of India promulgated the Punjab Municipal Corporation Law (Extension to Chandigarh) Ordinance, 1994 extending the provisions of the Punjab Municipal Corporation Act, 1976 (for short, the Corporation Act) to the Union Territory of Chandigarh with such modifications as are referred to in the Ordinance. The Punjab Municipal Act, 1911 in so far as it was then applicable to the Union Territory of Chandigarh or any part thereof stood repealed on coming into force of the Ordinance. The Ordinance was later replaced by the Act of Parliament called the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994. Section 3 of the Corporation Act as extended to Chandigarh which is relevant for our purpose is reproduced hereunder for facility of reference:-

(3.) SHRI M.L. Sarin, Senior Advocate appearing for the petitioners has challenged the notification on the following four grounds:-