MOHD. RASHID AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) Through the medium of instant writ petition, the petitioners seek the following reliefs:-

(2.) The factual matrix of the case is that the petitioners are the residents of village Saloonia, which is falling in the Panchayat Halqa. The said village was having more population and was fulfilling all the criteria for its bifurcating into two panchayats under the Panchayati Raj, Act, 1959 (hereinafter referred to as the Act). The villagers including the petitioners, represented before the respondents for bifurcating the said Panchayat into two Panchayat Halqas and, accordingly, the respondents had proceeded further with the bifurcation of the said Panchayat Halqas and, accordingly, the darbar was held, in which all the people from the Panchayat Halqa participated and as per the aspirations of the people unanimously, the respondents have finally bifurcated the Panchayat Halqa, Saloonia into two Panchayat Halqas, i.e., Saloonia Lower and Saloonia Upper and these two Panchayat Halqas were demarcated as per the aspirations of the people, in which almost all the respectable members including the other people were present and while making the demarcation, all the topographical/geographical location and aspiration of its inhabitants from East to West were taken into consideration. After the terms of Panches and Sarpanches of the Panchayats have seized to exist, the respondents had started the process of conducting fresh panchayati election after delimitation of panchayats and panch halqas.

(3.) It is stated in the instant writ petition that insofar as the Panchayat Saloonia of Block Sathra, District Poonch was concerned, the respondents had initiated the process of bifurcating the aforesaid Panchayat into panchayats, i.e., Saloonia Upper and Saloonia Lower. The upper Saloonia exists on the north side of Panchayat Saloonia and lower Saloonia exists on the south side. As per topographical and geographical location of Panchayat Saloonia, the Panchayat got bifurcated from north to south into two panchayats, i.e., lower Saloonia and Upper Saloonia. When each and every process had taken place, some vested interested political people are now bent upon to re-demarcate the Panchayat Halqa Lower Saloonia and Upper Saloonia again when the process of demarcation in front of all the people of the said Panchayat Halqa have taken place as per the topography/geographical position and a pressure is being mounted on the respondents for re-demarcation of the said Panchayat, which is in violation of the rules and regulations, as already as per the wishes of the people, the said demarcation has been taken place by bifurcating the Panchayat Halqa Saloonia, i.e., Lower Saloonia and Upper Saloonia.