VIJAY KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) Since somewhat common questions of law arise for consideration in all these petitions, therefore, the same were taken up together for hearing and are being disposed of by common judgment.

(2.) The challenge in these petitions is pertaining to the final oder of bifurcation of Panchayats on various grounds like -

(3.) The learned Advocate General has questioned very maintainability of these petitions on the ground that bifurcation of the Panchayats is a legislative function to be performed under Section 3 of the Himachal Pradesh Panchayati Raj Act, 1994 (for short, "the Act"), which does not envisage muchless provide for any opportunity of hearing and, therefore, action of the respondents being in consonance with law calls for no interference. He would further argue that plea of mala fides is not available to legislative function, therefore, all these petitions deserve to be dismissed.