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2014 DIGILAW 655 (PNJ)

Gram panchayat bath kalan, block nakodar v. State of Punjab

2014-03-31

ARUN PALLI, SANJAY KISHAN KAUL

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JUDGMENT Leave is granted to place on record written statement on behalf of respondent No.8 and the application is allowed. Learned counsel for the respondents accept notices. On the joint request of learned counsel for the parties, the petition is taken up for hearing and is being disposed of. The present petition has been filed seeking to assail the Notification dated 18.6.2013 (Annexure P17) issued by respondent No.1 – Special Secretary to Government of Punjab, Department of Rural Development and Panchayats, seeking to carve out a new Gram Panchayat under the name of Bath Khurd from the existing Panchayat Bath Kalan. The action of the respondents is stated to be in violation of the provisions of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the said Act'). It is relevant to note that there was even a similarly issued prior Notification dated 20.3.2013, which was assailed in CWP No.6731 of 2013 and was quashed by the Division Bench vide order dated 2.4.2013 on the short ground that after having invited the objections, the Notification had been issued without even considering the objections. The matter was, thus, remitted before the competent authority. Our attention has been drawn to the order now passed dated 22.5.2013 (Annexure R1), which has given rise to the impugned Notification. The first paragraph of the order refers to the proceedings in the earlier writ petition, the subsequent paragraph deals with the notices being served and, thereafter, the last paragraph says that the order in question is being passed in pursuance to the order dated 2.4.2013. The operative portion is as under: The aforesaid shows that other than referring to facts, record and arguments addressed, none of which have been referred to, the conclusion has been arrived at. We are surprised to note the approach of the competent authority who is a senior officer of the rank of Special Secretary to the Punjab Government. The least that is expected is that the order refers to each relevant fact and the part of the record that is being referred to and what were the arguments of the counsel with the resultant conclusion. The order is completely devoid of any reasons whatsoever. The officers are not judicially trained while performing the administrative duties but they are required to pen down reasons and not to pass an order, which is so devoid of any reason. The order is completely devoid of any reasons whatsoever. The officers are not judicially trained while performing the administrative duties but they are required to pen down reasons and not to pass an order, which is so devoid of any reason. The said order is also in breach of the directions of the Division Bench dated 2.4.2013, calling upon the competent authority to take appropriate decision regarding bifurcation of the Panchayat Samitis in accordance with the provisions of the said Act. The ingredients of the Act have not been referred to before the bifurcation is created. We are left with no option but to set aside the order dated 22.5.2013 and consequent impugned Notification dated 18.6.2013. We once again remit the matter back to the Special Secretary who is the competent authority. In order to avoid any litigation in future, we make it clear that while passing the order, relevant facts and what is on record must be adverted to in the conspectus of the arguments of the counsel and the consequent conclusion reached by referring to the parameters for carving out a separate Panchayat Samiti, in order to enable the judicial forum to decipher the mind of the competent authority while passing the order. In order to have objectivity, we may say that the matter shall now be examined not by the same officer but by a different officer. The petition is allowed in the aforesaid terms, leaving the parties to bear their own costs.