GURDIAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Before this court two Civil Writ Petitions No. 6153/88 and 7229/88 had earlier been brought by villagers of village Karera Khurd, Tehsil Jagadhri, District Ambala finding fault respectively with two notifications, issued on 30th June, 1988 and on 1st/2nd August, 1988. The State Government made effort to correct those notifications one after the other. Thus, nothing could be done under those notifications. Now the latest notification issued by the State under challenge is dated 27th September, 1988 which is annexure P.4 to the petition. We were apprised of the same while disposing of CWP No. 7229 of 1988 on 28th September, 1988.

(2.) The impugned notification speaks for itself. It is claimed by the petitioners that it is not in accordance with the provisions of section 5 of the Gram Panchayat Act, 1952.

(3.) The first objection is that there cannot be two panchayat in one village. The village is one undoubtedly and it is Karera Khurd. Section 4 of the Gram Panchayat Act (as applicable to the State Haryana) provides that the Government may by notification declare any village or group of contiguous villages with a population of not less than 500 to constitute one or more Sabha areas. Moreover, panchayats are co-related with Sabha areas and a village can have more than one Sabha area and thus more than one Gram Panchayat. Therefore, creation of two Sabha areas in village is permissible under Section 4. The language of the section is plain and simple.