SINGH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE petitions involve determination of a short but important question relating to the interpretation of the provisions contained in Sections 7 and 9 of the Haryana Panchayati Raj Act, 1994 (for short, the Act of 1994 ).

(2.) C . W. P. No. 15953 of 1994 has been filed by Shri Singh Ram who is a resident and voter of village Basai, Tehsil and District Gurgaon. His grievance is that although as per the provisions of Section 7 (2) of the Act, the demarcation of Sabha area is required to be done by taking into consideration the population ascertained on the basis of last preceding decennial census and reservation of the seats for the Gram Panchayat is also required to be done keeping in view the total population of the area, the respondent-Government of Haryana has taken into consideration the population figures arbitrarily determined by it on the basis of figures available in the year 1994. The petitioner has questioned the legality of Annexure P5 issued by the Sub Divisional Officer (Civil), Gurgaon, declaring reserved seats of Sarpanch and Panches in the Gram Panchayat. The petitioner has made a statement that as per the population figures published on the basis of census of 1991, the total population of Sabha area of Basai is 3387 out of which 901 are Scheduled Castes and 700 are Backward Classes but the respondent-Sub Divisional Officer has issued Annexure P5 on the basis of total population of 3549 with 1066 Scheduled Castes and 397 Backward Classes. It has been stated in the writ petition that for the purposes of elections to Panchayat Samiti and Zila Parishad population figures as per census of the year 1991 have been taken into consideration whereas for the purposes of election to Gram Panchayat, population figures determined in the year 1994 have been taken into consideration.

(3.) IN the reply of respondents 1 and 2, it has been admitted that as per the survey report of the Fishery Development Officer, Population of the Scheduled Castes was found 826 out of 1642 and, therefore, Duliani has been declared as reserved seat. In the additional affidavit filed by the Additional Deputy Commissioner, Ambala, it has been stated that total population of Scheduled Castes is 826 in village Duliani as per the figures supplied by the Fisheries Department and it is 812 as per ward Bandi Register and Anganwari record prepared on 25. 9. 1994 and on the basis of of over-all percentage of Scheduled castes population, reservation has been made.