SADIQ HUSSAIN AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) The instant appeal assails an order dated 3rd November, 2018, whereby OWP No. 1857/2018 stands dismissed.

(2.) The writ petition was filed by the appellants herein complaining that by virtue of order dated 11th January, 2018, the respondents were directed to consider the issue as to whether new Panchayat Halqa, Simbli could be created as an independent Panchyat out of Panchayat Halqa, Thannamang-B.

(3.) The impugned order notes that the reliance of the appellants on the recommendation dated 20th April, 2013 made by the Block Development Officer Darhal, District Rajouri, herein respondent No. 5, to the effect that having regard to the population size of Palyarni and Simbli areas, a Panchayat Halqa, Simbli deserves to be created. The impugned order, however, is based on the report dated 26th July, 2018 submitted by the District Panchayat Officer, Rajouri respondent No. 7 herein as regards the population of the Panchayat Halqa, Thannamang-B as 3090. Based on this report, the Chief Electoral Officer, Jammu and Kashmir, Jammu, respondent No. 4 herein, has passed an order dated 16th August, 2018 rejecting the prayer of the appellants on the ground that the population of Panchayat Halqa, Thannamang-B is 2811, which is less than 3000 persons, consequently, it would not be possible to create a new Panchayat. By the impugned order, this order of the respondent No. 4 has been upheld.