DAYA RAM Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS judgment will dispose of Civil Writ Petition Nos. 3053, 3054 and 3055 of 1978, which contain common questions of law. The facts in the judgment are being given from Civil Writ Petition No. 3054 of 1978.

(2.) BRIEFLY , the case of the Petitioner is that he was elected as Sarpanch, Gram Panchayat Kaushak during the elections of 1964 and 1971. The State of Haryana later issued a notification dated June 2, 1978, dividing the Gram Sabha Kaushak into seven Gram Sabhas namely, Kaushak, Joriabad, Bhawana, Achheja, Allahabad, Karimpur and Kudabadpur. It is alleged that the abovesaid villages except Kaushak were not villages but were Majras and the State could not create seven Gram Sabhas of different Majras in the revenue estate of Kaushak. He has, therefore, prayed that the impugned notification be quashed.

(3.) I have given due consideration to the argument of the learned Counsel and find force in it. Section 4 of the Gram Panchayat Act, 1952 (hereinafter referred to as the Act) relates to demarcation of Sabha areas and Section 5 to establishment and constitution of Gram Panchayat. The relevant portions of the said Sections are as follows: -