SOM KRISHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this writ application show cause notice was issued to the respondents and reply has been filed; the rejoinder has also been filed. The petitioners are the residents of Tehsil Kursog situated in Mandi District of this State. They previously belonged to Chanyana Gram Sabha which was constituted in the year 1972. This Sabha consisted of 12 villages. The petitioners, however, wanted a separate Sabha for 7 of these 12 villages. These seven villages for which they wanted a separate Sabha are Sheglinal, Badyog, D. P. F. Alyas, Kalangar, Khadkan, Kot and Sawindhar. It appears that they could persuade the Government to bifurcate the Chanyana Gram Sabha into two and to establish a separate Sabha for the above referred seven villages known as Sawindhar Gram Sabha. The remaining five villages were to form Chanayana Gram Sabha. The Government accordingly issued notification dated 11th May, 1978 as found at Annexure P-14. By this notification the original Chanyana Gram Sabha was bifurcated with the result that Chanyana Gram Sabha came to have five villages in its area, and Sawindhar Gram Sabha, to which the petitioners belong, came to have seven villages in its area. This notification has been issued by the Government under Sections 4 and 5 of the Himachal Pradesh Panchayati Raj Act, 1968 (Act 19 of 1970) (hereinafter referred to as the 'Act').

(2.) About two months thereafter, i. e. on 5th July, 1978, the Government seems to have changed its mind and issued another notification by virtue of which some other Gram Sabha areas were reorganised. We are not concerned with the other reorganised Gram Sabhas. But so far as Chanyana Gram Sabha was concerned, this notification stated as under:

(3.) Shri Thakur who appears on behalf of the petitioners has challenged the vires of Section 4 of the Himachal Pradesh Panchayati Raj Act, 1968 contending that it delegates uncontrolled, unrestricted and unguided powers to the State Government for the purpose of formation of a Sabha area as well as for the inclusion and the exclusion of any area in and out of a Sabha area. In order to appreciate this contention it would be necessary to quote Section 4 which is in the following terms: