IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.14411 of 2007 Date of Decision: January 30, 2009 Harminder Kaur @ Mohinder Kaur .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. D.V. Sharma, Senior Advocate, with Mr. Harit Sharma, Advocate, for the petitioner. Mr. H.S. Brar, Deputy Advocate General, Punjab, for respondent Nos.1 to 3. Mr. Sushant Batish, Advocate, for respondent No.4. . . . AJAI LAMBA, J (Oral) This petition filed under Article 226/227 of the Constitution of India prays for quashing Order dated 18.10.2006 (Annexure P-8) passed by the Special Secretary, Government of Punjab, Department of Rural Development & Panchayats, Punjab (exercising powers of Government) under the Punjab Panchayati Raj Act, 1994. It has been pleaded in the petition that petitioner is the widow of an Ex-serviceman late Sardar Sarwan Singh. The petitioner is resident CWP No.14411 of 2007 [2] of village Dhani Pind, Block Rurka Kalan, Tehsil Nakodar, District Jalandhar. A stadium was to be constructed in the village. Some money was received for that purpose from the Government and some money was received under the MPLAD fund/ scheme. The petitioner approached the gram panchayat that she is willing to donate for the construction/ maintenance and extension of the stadium for the benefit of the young population of the village in order to boost sports activities. However, a condition was laid by the petitioner to the effect that the stadium be named after her husband, in his memory. It has been highlighted that husband of the petitioner had served the cause of Nation as he fought 1965 war and 1971 war for the Country. It seems that the gram panchayat passed a resolution on 23.4.2003 thereby unanimously resolving to accept the donation and to name the stadium after Sardar Sarwan Singh Kooner. Land was to remain in the name of gram panchayat. The resolution has been placed on record as Annexure P-1. Because the resolution was passed, the petitioner donated a sum of Rs.8 lac during the period April 2003 to August 2003. In June 2003, election to the gram panchayat were held and another person was elected as Sarpanch who, it seems, did not see eye to eye with the former Sarpanch under whose chairmanship, resolution Annexure P-1 had been passed. On the CWP No.14411 of 2007 [3] constitution of new panchayat, resolution dated 4.11.2003 was passed wherein it was resolved that name of the stadium in the name of husband of the petitioner is not in public interest, resolution therefore be rescinded. Resolution dated 4.11.2003 has been placed on record as Annexure P-4. It seems that issue was raised before the Director for cancelling resolution Annexure P-4. The matter was heard by the authority and it was found that resolution dated 23.4.2003 was in accordance with law and was upheld. Subsequent resolution dated 4.11.2003 (Annexure P-4) was set aside. Director, however, named three members committee for spending the donations to be given by the petitioner. Copy of order dated 12.5.2005 passed by the Director has been placed on record as Annexure P-5. The matter was carried in appeal to respondent No.2. Respondent No.2, vide impugned order dated 18.10.2006 (Annexure P-8) reversed the decision of the Director. The relevant portion is extracted as under:- “after hearing the arguments of both the parties and perusing the record on file, it is clear that stadium in the village had been constructed with the help of Government grant and panchayat funds but Smt. Mohinder Kaur by giving some amount as donations got it named on the name after her husband who was an ex-serviceman but he has not done any extra ordinary work in the village. Naming the stadium, which has been constructed on the land of the Panchayat, after the name of a private person is not legally correct and the consent of the residents of the village and the Gram Sabha was necessary to name the stadium. Decision of Gram Panchayat taken vide resolution dated 4.11.2003 is correct and the decision which had been taken vide resolution dated 23.4.2003 is incorrect. Therefore, I accept the petition and set aside resolution dated CWP No.14411 of 2007 [4] 23.4.2003 and upheld resolution dated 4.11.2003.” In view of what has been said in the extracted portion of impugned order, there has been a subsequent development in so much as during the pendency of this writ petition, on 22.9.2008, the new panchayat was required to consider that in case the stadium is not to be named in the name of husband of the petitioner, then the gram panchayat will itself assess the amount paid by the petitioner and the same would be refunded to her. In view of resolution, it seems that the matter was considered by the present panchayat in meeting held on 21.11.2008. The resolution has been placed on record as Annexure A-1 and A-2. It has been resolved by the present panchayat that the gram panchayat agreed with resolution dated 23.4.2003. It has been unanimously resolved that the stadium should be named as “Sardar Sarwan Singh Kooner Memorial Stadium”. In view of the observations made in the impugned order, the matter was even carried to the gram sabha. Even the gram sabha had resolved vide Annexure A-2 dated 31.12.2008 that stadium be named as Sardar Sarwan Singh Kooner Memorial Stadium. Essentially, the gram panchayat is a democratic body, however, is constituted under the provisions of the Punjab Panchayati Raj Act, 1994. The funds received by the panchayat are to be CWP No.14411 of 2007 [5] utilised in a regulated manner. There is supervisory and superintending control over the affairs of the gram panchayat. It would be a matter of policy, in the facts and circumstances of the case, to name the properties of gram panchayat in the name of persons who make donation or in memory of a person whose name is suggested by a person who makes the donation. Considering various dimensions of the case, this matter is remitted back to respondent No.2 to consider the matter afresh in view of resolution passed by the gram panchayat on 21.11.2008 (Annexure A-1) and gram sabha on 31.12.2008 (Annexure A-2). The parties would be heard before any final order is passed. Final decision on the issue be taken within six weeks from the date of receipt of a copy of the order. Parties may appear before respondent No.2 on 10.2.2009. This petition is disposed of in the above terms. (AJAI LAMBA) January 30, 2009 JUDGE avin