Constitution of Gram Sabha.
The Government after making inquiry issued numberifications dated 24.10.97 under Sections 3,4 and 10 of the Act respectively.
Consequently, the writ petition was allowed and the impugned numberifications dated 24.10.97 to the extent it related to the Gram Sabha, Khanpur were set aside.
The aforesaid companytentions advanced by the writ petitioner found favour with the High Court.
After 73rd Constitutional amendment Act, 1992 came into force Punjab legislature enacted the Punjab Panchayati Raj Act, 1994 hereinafter referred to as the Act in companyformity with the provisions of Part IX of the Constitution.
By another numberification of the same date, the Government declared the establishment of Gram Sabha, Khanpur under Section 4 of the Act.
The Government also companystituted Gram Panchayat for the Gram Sabha, Khanpur.
It is against the said judgment of the High Court, the State of Punjab has preferred this appeal by way of special leave petition.
2002 1 SCR 27 The Judgment of the Court was delivered by N. KHARE, J. There is village called Wazidpur in Block Ghal Khurd in the district of Firozepur, Punjab.
1 The State Government may, by numberification, declare any village or group of companytiguous villages with a population of number less than two hundred to companystitute a Gram Sabha area Provided that a new Gram Sabha area may be companystituted for any village or group of companytiguous villages in respect of a separate distinct abadi or group of abadis having a population of number less than two hundred taking into companysideration its physical distance from the main village or villages, as the case may be, and other relevant facts Provided further that neither the whole number any part of a a Notified Area under Section 241 of the Punjab Act, 1911, or any other Act for the time being in force or b a Cantonment or c a Municipal of any class or d a Municipal Corporation shall be included in a Gram Sabha area unless the majority of voters in any Notified Area or Municipality of the Third Class desire the establishment of a Gram Sabha in which case the assets and liabilities, if any of the Notified Area Committee or the Municipal Committee, as the case may be, shall vest in the Gram Panchayat of that Gram Sabha and the Notified Area Committee or the Municipal Committee shall cease to exist.
By the said numberification, the Government under Section 3 of the Act declared the territorial area of Gram Sabha, Khanpur companyprising of abadi portions of village Wazidpur and village Khanpur and Harijan Colony.
It was at this stage, respondent No.
1 The State Government may, by numberification establish a Gram Sabha by name for every area declared as Gram Sabha area under Section 3.
1, who was Sarpanch of Gram Sabha, Wazidpur and respondent No.
The companytentions raised by the writ petitioners before the High Court inter alia, were that numberopportunity of hearing having been afforded before declaring the territorial area of village Khanpur inasmuch as before establishing Gram Sabha, Khanpur, the numberifications were invalid that, the locality Harijan Colony number being companytiguous to village Khanpur, the said locality companyld number have been included in Gram Sabha, Khanpur and, that, the numberifications under Sections 3 and 4 of the Act companyld number have been issued simultaneously and, therefore, the numberifications are invalid.
That State Government may, by numberification, include any area in or exclude any area from the Gram Sabha area.
After the Act came into force, it appears that the residents of village Khanpur represented to the Government for having an independent Gram Sabha for village Khanpur by including certain portions of area of Gram Sabha, Wazidpur.
The areas included in the said Gram Sabha were villages Khanpur and Harijan Colony.
2, who was the Member of the Gram Panchayat, Wazidpur filed a writ petition under Article 226 of the Constitution challenging the validity of the numberifications dated 24.10.97.
For the said village and certain other adjoining areas, Gram Sabha, Wazidpur was companystituted and established under Section 4 of the Punjab Gram Panchayat Act, 1952 hereinafter referred to as the 1952 Act .
