GURMEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present writ petition is for quashing the impugned letter/order dtd. 7/6/2018 (Annexure P13), wherein respondent No.2-Deputy Commissioner, Panchkula has again passed the same order, which was quashed by the co-ordinate Bench of this Court on 15/9/2015 (Annexure P8) in case Balbir Singh v. State of Haryana and Others (CWP-16762- 2015) and order dtd. 2/2/2017 (Annexure P12) passed in case Tarsem Singh v. State of Haryana and Others (CWP-4576-2016).

(2.) Petitioner, who is resident of village Kiratpur, Block Pinjore, Tehsil Kalka, District Panchkula has filed the writ petition under Article 226/227 of the Constitution of India on the ground that there are brick kilns where the migrant labourers from the States of Bihar and Uttar Pradesh come every year to work. In the 2011 census, total population of the village was recorded as 1996. The population of scheduled caste was wrongly recorded as 230. The migrant labourers of Bihar and Uttar Pradesh were also included in the population of the village as scheduled caste and their population was wrongly shown as 11.15% of the population. Article 341 of the Constitution of India and Ss. 2(xiv), 2(lviii), 9, 162, 163, 167 and 168 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as "the Act") are reproduced as under:-

(3.) The matter in controversy remained under challenge. Sarpanch and other inhabitants of the village submitted a representation on 30/3/2015 to the official respondents against the proposed reservation. Respondent No.3 sought clarification vide letter dtd. 28/4/2015 (Annexure P2) and reported that the total population of the panchayat is 1454 and total population of the scheduled caste is 0.061% and as per census of 2011, the population is shown as 230, which was living in a brick kiln having no voter card or ration card. Sarpanch of the village again represented to respondent No.3 against the wrong reservation of the post of Sarpanch of village Kiratpur, for scheduled caste as they were migrant labourers. Sarpanch submitted a representation on 7/5/2015. On 19/5/2015, respondent No.4 held the draw for reservation for the post of Sarpanch in Pinjore block and the same was challenged by way of appeal by the residents of the village through Sarpanch. Respondent No.2 called a report from the Tehsildar Kalka, who had submitted his reported that there were only 13 scheduled castes of permanent families in the village and remaining 314 are those who are temporary migrants working on the brick kilns as labourers. Despite the said report, respondent No.2 dismissed the appeal on 11/6/2015.