Harbhajan Singh and Another vs State of Haryana and Others

Kanwaljit Singh Ahluwalia, J.—In the present writ petition, it has been pleaded that 152 deras, consisting of more than 1202 voters, be declared as a Gram Sabha/Gram Panchayat as the residents of this area cannot be denied Local Self Government. Counsel has stated that public hygiene and other needs of the residents of the said deras are to be looked after by any local authority viz. Municipal Council or Gam Panchayat, to be elected by them.

Mr. P.S. Hundal, Senior Advocate, assisted by Mr. G.S. Sandhu, Advocate, appearing for the petitioners, submits that he will confine his prayer that the residents of 152 deras, their needs and day-to-day requirements to be looked after either by the Municipal Council or Gram Panchayat.

The Deputy Commissioner, Karnal, has filed a reply, para No. 1 whereof reads as under:

...1. That the above titled writ petition was fixed for 7-05-2010 before this Hon''ble Court and the Hon''ble High Court and the Hon''ble High Court has directed the answering respondent to explain the position taken in para No. 5 of reply on merit of the written statement in which it has been submitted that these deras can be included by forming a separate Panchayat to enable the petitioners to cast their votes. The Hon''ble High Court has also directed to answering respondent to clarify this stand taken and whether it meant to convey that the answering respondent is amenable to the formation of separate Panchayat as stated categorically.

Learned Counsel for the petitioners has relied upon a judgment rendered by a Division Bench of this Court in Sohan Lal v. State of Punjab 1993 (2) R.R.R. 232 to contend that earlier also, in similar situation, the State Government was directed to consider the claim of the residents within a period of one month.

This Court is, prima facie of the view, that 152 deras, which constitute sizable population, cannot be denied the benefit of Local Self Government as enshrined in Parts IX and IX-A of the Constitution of India. Therefore, the respondent-State is directed to take a conscious decision as to whether the affairs of the residents of the 152 deras are to be looked after by a Municipal Council or a Gram Panchayat, within a period of three months, from the date of receipt of a certified copy of this order.

With the observations made above, the present writ petition is disposed of.