Om Singh vs Delimitation Committee and Others

B.S. Verma, J.

(Stay Application No. 4518 of 2010)

Heard Learned Counsel for the parties and perused the record.

By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 15-5-2010 passed by respondent No. 1 in the delimitation proceedings of Gram Panchayats in Narsan Block, district Haridwar and the final list published in furtherance thereof (Annexure Nos. 8 and 9 to the writ petition).

Brief facts, giving rise to the present writ petition, according to the petitioner are that the petitioner is a permanent resident of village Sakauti, Block Narsan, District Haridwar and has an interest in proper delimitation of constituencies. The Block Development Officer of Narsan block made recommendation for delimitation of Gram Panchayat Sakauti and Kuanhedi separately, against which the respondent No. 5- Vinod Kumar son of Preetam Singh, resident of village Sakauti filed objection. The petitioner filed his reply to the objection of respondent No. 5 on 14-5-2010 narrating the correct facts therein. The respondent No. 1-Committee headed by the District Magistrate Haridwar considered the objection of respondent No. 5 and rejected the proposal of the Block Development Officer Narsan on the ground that the population of village Sakauti is less than 5000 and there is no obstruction like Nala, river and hillock and there is no reference that national highway would be a bar for clubbing other village Panchayat.

In the case at hand, it is not a case of clubbing of Gram Panchayat Kuanhedi, but it is case of separation of an independent village Panchayat Kuanhedi from village Panchayat Sakauti-Kuanhedi in the process of delimitation. The Block Development Officer Narsan has made recommendation for creation of separate Gram Panchayats i.e. Gram Panchayat Sakauti and Gram Panchaya Kuanhedi. After considering the objection, the committee has rejected the proposal of the Block Development Narsan (Haridwar) for creation of separate Gram Panchayats.

No manifest error of law appears to have committed by the Delimitation Committee in rejecting the proposal. Under the Government Order dated 6-4-2010, it is provided that in plain area, the population of the Gram Panchayat should be 1000 minimum, but less than 5000. It has been observed by the Committee that the population of village Panchayat Sakauti is less than 5000 by inclusion of Gram Panchayat Kuanhedi. Moreover, no prejudice is caused to the petitioner if separate Gram Panchayat Kuanhedi is not created.

Having heard the submissions of the Learned Counsel for the parties and having perused the record, I find no manifest error of law in the decision taken by the Delimitation Committee District Haridwar by the impugned order dated 15-5-2010. It cannot be said that the impugned order has been passed in violation of the Government Order dated 6-4-2010. The writ petition is devoid of merit and is liable to be dismissed at the threshold.

The writ petition is dismissed summarily.

All pending applications stand disposed of.