GURMUKH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition filed under Articles 226 and 227 of the Constitution, the challenge is to notification, Annexure P-1, issued by Haryana Government constituting two Sabha areas out of one Village Karanpur describing them as Karanpur Harijan Basti and Karanpur Tanda, Basti Dangwala, Taprial under the provisions of Punjab Gram Panchayat Act as applicable in Haryana. The notification was issued on July 14, 1988. Subsequently, election of members of the two Gram Sabhas as constituted were held. The challenge is also to those elections. In para 3 of the writ petition, it was alleged that in fact there is only one revenue estate known as village Karanpur bearing Hadbast No. 88 and that there is no village known as Karanpur Harijan Basti or Karanpur Tanda, Basti Dangwala, Taprian. In the written statement, filed by Sub-Divisional Magistrate on behalf of official respondents, contents of this para were admitted that there was one panchayat named Karanpur. However, on the recommendation of the Deputy Commissioner, the village was bifurcated for having two Sabha areas. Their Bastis mentioned above formed part of the same village Karanpur. During pendency of the writ petition, the names of petitioner Nos. 3 and 4 were ordered to be deleted on their request.

(2.) The question for consideration in this writ petition is as to whether there can be two Sabha areas in one village or not. This question is covered by a Division Bench judgment of this Court in The State of Haryana and others v. Daya Ram and others, 1985 87 PunLR 97, wherein specifically an argument was addressed on behalf of the State of Haryana that the State Government could create any number of Sabha areas within a village which was repelled. Reference was made to the definition of the "village" as given in Section 3(q) and Sections 4(1) and 5(1) of the Punjab Gram Panchayat Act as applicable in Haryana and it was held as under :-

(3.) In view of the decision referred to above, the notification issued by the State of Haryana, copy Annexure P-1, creating two Sabha areas from one village comprising different Bastis cannot be sustained. Consequently, the election of members of two Sabha areas mentioned above cannot be sustained.