IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.6354 of 2008 Date of Decision: 15.12.2008 Malkiat Singh Petitioner Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.B.S.Pannu, Advocate for the petitioner Mr.H.S.Sidhu, Addl.A.G. Punjab ….. T.S.Thakur, C.J. (Oral) C.M. No.24370 of 2008 Rejoinder is taken on record and the C.M. disposed of. CWP No.6354 of 2008 In terms of a notification dated 12.2.2008 issued by the Director, Rural Development and Panchayats, village Panchayat Lauhka has been bifurcated into two distinct Panchayats one that continues to be called Lauhka and other named Lauhka Khurd. The present petition filed in public interest challenges the correctness of that notification, primarily on the ground that the bifurcation of the village community into two distinct Panchayats is based entirely on caste and community basis which is impermissible in law. Having heard learned counsel for the parties at some length, we are of the opinion that there is no merit in the challenge mounted by the Civil Writ Petition No.6354 of 2008 2 petitioner. Mr.Sidhu has in the course of hearing before us argued on the basis of the official record that there was a total population of 4723 in the erstwhile village Panchayat Lauhka, out of which 1411 were scheduled caste while 255 were backward class voters. With the bifurcation of the Panchayat into two, Laukha continues to have a voter strength of 2708 with 776 scheduled castes and 159 backward class voters. As against that Laukha Khurd has a total voter population of 2015 with 635 scheduled caste and 76 backward class voters. These figures clearly show that the bifurcation of the Panchayat has not proceeded on the community or caste basis, as alleged by the petitioner. The total population of 1411 scheduled caste voters and 255 backward class voters has got divided proportionately in the two Panchayats almost proportionate to the general category voters. Counsel appearing for the petitioner, however, argued that the figures given by the State government are not factually correct. We have nothing before us to suggest that the figures made available from the official record are in any way misleading or based on any misrepresentation of facts. Even assuming that there is something in what the petitioner says the proper course for him is to make a suitable representation to the competent authority who is expected to look into the same. In the present proceedings, we are in no position to direct a fresh census of the village to determine whether the bifurcation has proceeded on caste or community basis. That apart the fact that elections have been held in the newly established Lauhka Khurd Panchayat is itself indicative of the people of that area having accepted the bifurcation and participated in the democratic process leading to the election of Panchayat members and the Sarpanch in the service of the people of the Civil Writ Petition No.6354 of 2008 3 area. If the version of the State government is accepted, a large number of people falling in the gram Panchayat limits of Lauhka Khurd have supported the creation of the said new Panchayat. Representation marked Annexure R- 1 with signatures of as many as nearly 800 voters from Lauhka Khurd expresses satisfaction with the creation of Lauhka Khurd as a Panchayat area. In the totality of these circumstances, we see no reason to interfere with the notification or any steps taken by the respondents on the basis thereof. This petition fails and is dismissed leaving the parties to bear their own costs. Dismissal of this writ petition shall not prevent the petitioner from seeking redress of any other grievance if otherwise permissible in law before the appropriate authority. (T.S.THAKUR) CHIEF JUSTICE 15.12.2008 (JASBIR SINGH) gk JUDGE