LETTERS PATENT APPEAL NO. 1369 OF 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: October 28, 2010. Parties Name Gram Panchayat, Bhadson ...APPELLANT. VERSUS State of Punjab and others ...RESPONDENT CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Gurdev Singh PRESENT: Mr. H.S. Sethi, Advocate, for the appellant. JASBIR SINGH, J. (oral) Order. This Letters Patent Appeal has been filed against judgment passed by the learned Single Judge on September 9, 2010, dismissing Civil Writ Petition No. 5424 of 2010. The petitioner is a Gram Panchayat. It filed the above said writ petition with a prayer to quash the order dated November 25, 2009 (P-4), vide which it was ordered that by merging two villages, namely, Bhadso and Ram Singh Nau, a Nagar Panchayat be constituted. Election to the Gram Panchayat was held on May 30, 2008. The Gram Panchayat was constituted in June, 2008. It is grievance of the petitioner that Nagar Panchayat was constituted to give benefit to the LETTERS PATENT APPEAL NO. 1369 OF 2010(O&M) -2- defeated candidates of villages Bhadso and Ram Singh Nau, who belong to the ruling party. Surprisingly, those persons were not made parties to the writ petition. In the face of above said fact, it is not possible to accept any charge of malafide against the respondents. Regarding respondents No. 2 and 3 in the writ petition, it was said that they have ordered the creation of Nagar Panchayat to further the cause of the ruling party. We are not satisfied with the argument raised. This fact was also dealt with by the learned Single Judge, who came to a conclusion that formation of the Nagar Panchayat is a legislative function and when creating the present Nagar Panchayat, all parameters laid down in the relevant provisions were complied with. In that regard, it was observed by the Single Bench as under: “From the facts which have been stated above, it can be safely inferred that for transition of rural area into urban area, the impugned order dated 25.11.2009, Annexure P4, take into consideration all necessary parameters described in Section 4 of the Act. Furthermore, not only the objections were invited, personal hearing to counsel for the petitioner was also afforded and all objections were dealt with and thereafter notification, Annexure P-3, was issued. The controversy raised in the present writ petition is not new. As and when a new Municipality, a Nagar Panchayat or a Municipal Council is created, doors of the Courts have been knocked of to thwart that process, by raising arguments which have been raised in the present petition. This Court in Bhupinder Singh v. Union of India, 1997 (3) RCR (Civil) 594, not only upheld the order LETTERS PATENT APPEAL NO. 1369 OF 2010(O&M) -3- of Single Bench whereby inclusion of Nagar Panchayat, Mani Majra in Municipal Corporation, Chandigarh was held valid but also laid down parameters when Courts can cause intervention. In Bhupinder Singh's case (supra), reliance was placed on Tulsipur Sugar Co. Ltd. v. Notified Area Committee, Tulsipur, AIR 1980 SC 882, wherein Hon'ble Supreme Court observed that declaration of geographical area into town area is a legislative act in nature because the application of the rest of the provisions are dependent on such a declaration. After issuance of the notification Annexure P3, Gram Panchayats, Bhadson and Ram Singh Nau have seixed to exist.” So far as leveling of allegation of malafide is concerned, the learned Single Judge was also aware of the same and it was decided by stating as under: “The only ground of mala fide alleged is that Gram Panchayats, Bhadson and Ram Singh Nau were constituted immediately before the issuance of draft notification, Annexure P1, and it is only to deprive the office bearers of the Gram Panchayats to complete the tenure for which they were elected. Nagar Panchayat was created as the Panches and Sarpanches of Gram Panchayats, Bhadson and Ram Singh Nau belong to opposition. From a perusal of the reasons stated in order dated 25.11.2009, Annexure P-4, it is apparent that constitution of Nagar Panchayat, Bhadson is for the betterment and larger good of the population. There are numerous factors which have been LETTERS PATENT APPEAL NO. 1369 OF 2010(O&M) -4- considered by the authorities that the area required transition from rural to an urban area. Therefore, individual good must make way for the public good. The office bearers of the Gram Panchayats, if they are so popular can be re-elected as Councils of Nagar Panchayat.” Otherwise also, we are unable to understand as to how a Gram Panchayat, as legal entity, is interested in maintaining this litigation. The grievance could have been raised by its members. Whether election has taken place a few months earlier , it has nothing to do with the constitution of a Nagar Panchayat as no loss has been caused to the Gram Panchayat. The State Government is competent to abolish a Gram Panchayat, if need be, as has been done in the present case. Dismissed. ( JASBIR SINGH ) JUDGE (GURDEV SINGH) JUDGE October 28 , 2010. DKC