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2018 DIGILAW 878 (JK)

Sadiq Hussain v. State of J&K

2018-11-03

DHIRAJ SINGH THAKUR

body2018
JUDGMENT : Dhiraj Singh Thakur, J. 1. By virtue of judgment and order dated 11.01.2018, the respondents were directed to consider the issue as to whether a new Panchayat Halqa, Simbly could be created as an independent Panchayat from out of Panchayat Halqa, Thannamang-B. 2. The basis of the direction lay in various recommendations including that of the Hon'ble Minister for Food and Civil Supplies and Consumers Affairs. Even the Block Development Officer, Darhal, District Rajouri, respondent No. 5 herein had recommended that since the area was far flung, a separate Panchayat Halqa, Simbly could easily be created. 3. However, Chief Electoral Officer, J&K, Jammu, respondent No. 4 herein vide order dated 16.08.2018 has rejected the prayer of the petitioners on the ground that the population of Panchayat Halqa, Thannamang-B was 2811 and being less than 3000 souls, it would not be possible to create a new Panchayat. The decision was taken, it appears, on the basis of a report dated 26.07.2018 by the District Panchayat Officer, Rajouri, respondent No. 7 herein, as regards, the population of Panchayat Halqa, Thannamang-B. 4. Learned counsel for the petitioners urged that the view taken with regard to population was incorrect, inasmuch as, respondent No. 5 had vide communication dated 24.04.2013 reflected the population of Thannamang-B as 3090. It was stated that the population figures shown by the respondent No. 5 were in the year 2013 and since the population figures which were required to be considered were of the year 2011 census, it was impossible that instead of increasing the population would have decreased over the years after 2011. 5. Heard learned counsel for the parties. 6. Admittedly, the communication dated 24.04.2013 relied upon by the learned counsel for the petitioners does not say in so many words that the population figures of 3010 for Panchayat Halqa, Thannamang-B are the once as shown in the census figures of 2011. As to what is the basis of the population reflected by the said officer is not known. Counsel for the petitioners has also not placed on record the actual census figures for 2011 of the said Panchayat Halqa. 7. Be that as it may, since the respondent No. 4 has specifically stated that the population figure is 2811, based upon the respondent No. 7's report, the same cannot be disbelieved or discredited. Counsel for the petitioners has also not placed on record the actual census figures for 2011 of the said Panchayat Halqa. 7. Be that as it may, since the respondent No. 4 has specifically stated that the population figure is 2811, based upon the respondent No. 7's report, the same cannot be disbelieved or discredited. The view taken by the respondent No. 4 cannot be said to be illegal or perverse. 8. This petition is found to be without any merit and is, accordingly, dismissed along with connected IA(s).