RAM KISHAN ROHAL Vs. STATE OF H.P.

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution, the writ petitioner has prayed for an appropriate writ for quashing the Resolution dated 31st October, 1995 passed by the Himachal Pradesh Vidhan Sabha and consequently the Notification dated 4th November, 1995 dissolving the Panchayats and the validity of section 125 of the Himachal Pradesh Panchayati Raj Act, 1994 (for short as the Act of 1994) has been challenged in respect of the reservation of posts of Chairmen in the Panchayats on the ground that it violates Article 14 of the Constitution.

(2.) The main grievance of the writ petitioner is that under the Himachal Pradesh Panchayati Raj Act, 1969 (for short as the Act of 1969), the elections were held to Gram Panchayats and the Panchayat Samitis in January 1992 and the term for the said Panchayats would expire in February J997, but these Panchayats were dissolved in pursuance of the Resolution passed by the Vidhan Sabha by Notification dated 4th November, 1995, before expiry of the said term. It has also been alleged that earlier there were only Gram Panchayats and Panchayat Samitis, but by the Act of 1994, another Panchayat, namely, Zila Parishads were constituted and these Panchayats could have been constituted by the election from the members of the then existing Panchayats without dissolving these Panchayats,

(3.) At the admission stage, we have heard the learned Counsel for the petitioner and the learned Advocate General and it was decided that the writ petition could be disposed of at the threshold.