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2023 DIGILAW 52 (PNJ)

Prem Singh Bhati v. State of Punjab

2023-01-05

MANISHA BATRA, RITU BAHRI

body2023
JUDGMENT Ritu Bahri, J. In the instant petition, petitioner is seeking setting aside of order dated 20.08.2018 (P-10) passed by respondent No. 3, whereby representation dated 13.02.2018 (P-3), 07.03.2018 (P-4), 15.05.2018 (P-6)and 15.05.2018 (P-7) made by the petitioner and other members of the Gram Sabha regarding incorrect wardbandi have been rejected. Further prayer of the petitioner is for issuance of direction to respondent-authorities to do wardbandi of all the nine wards of Gram Panchayat, Amarpura, Block Abohar, District Fazilka in accordance with Section 10, 10 (a) of the Punjab Panchayati Raj Act, 1994 (for short 'Act 1994') 2. It is not in dispute that earlier petitioner filed CWP No. 16358- 2018 seeking direction to respondent-authorities to do wardbandi of all the nine wards of Gram Panchayat, Amarpura, Block Abohar, District Fazilka in accordance with Act 1994. The petition was disposed of on 09.07.2018 with direction to respondent No. 3 to consider and decide the representations by passing speaking order as expeditiously as possible. 3. In compliance of this order, petitioner gave a representation along with copy of order dated 9.07.2018. However, the petitioner and other members were asked to leave by saying that they would be informed as and when their presence would be required. Thereafter, without giving any opportunity of hearing, the impugned order dated 20.08.2018 (P-10) was passed by respondent No. 3. 4. On notice of the petition, a reply dated 04.12.2018 was filed by Mr. Virender Singh, BDPO Abohar on behalf of the respondents. In para No. 3 of the reply, the table was given with respect to list of dates and events related to the aforesaid wardbandi. The table reads as under:- Date Particulars Remarks 2.12.2017 to 23.02.2018 Public notice of the wardbandi to be carried on in Abohar Block. Proper information given to public:- 1.Village Chowkidar made announcements. 2. Announcements made in the village temple speakers 3. Physical notice was pasted in all public places of the village like panchayat ghar, school etc. The table reads as under:- Date Particulars Remarks 2.12.2017 to 23.02.2018 Public notice of the wardbandi to be carried on in Abohar Block. Proper information given to public:- 1.Village Chowkidar made announcements. 2. Announcements made in the village temple speakers 3. Physical notice was pasted in all public places of the village like panchayat ghar, school etc. 21.03.2018 to 31.03.2018 Objections were invited from the General Public Proper notice and time given to submit objections Total 13 objections received related to Aadhar Block Proper record prepared of all objections 15.05.2018 Public hearing for clarification and resolution of the objections Present petition did not cooperate and insisted on one thing i.e doing the whole process again Objection of village Amarpura received from Rajesh, Rajinder Singh, Binder Singh, Meenu Ram After careful scrutiny of the objections, the same were filed by the authority in accordance with law. 5. It has further been mentioned in the reply that the petitioner was duly informed by the concerned authorities about the date of hearing of all objections related to the process of wardbandi of village Amarpura, Block- Abohar, District Fazilka. After doing all the formalities, the process began on 15.05.2018. Subsequently, the petitioner appeared before the BDPO Ahohar on the said date but refused to explain the objections given in the representation and on the other hand, misbehaved with the officials present there and said that I dont want to get the objections cleared from you and that I will see you in the Court itself. The petitioner remained present but did not take part in the proceedings therein except for appending their signatures. 6. Further the voter list for the Lok Sabha Elections was prepared on the basis of division of the aforesaid village into three wards. Thereafter, the process of wardbandi was carried out for the Panchayat Elections and during this, the village Amarpura was divided into 9 wards and the division was done on the basis of the streets that intersects the whole village. The process of Wardbandi for the Panchayat Elections is in no way dependent upon or related to voter list of Lok Sabha Elections. 7. In para No. 7 of the reply, it has been mentioned that the site plan (R1) showing the wardbandi of village Amarpura clearly depicts all the nine wards, wherein the houses have been divided as per following:- 1. 7. In para No. 7 of the reply, it has been mentioned that the site plan (R1) showing the wardbandi of village Amarpura clearly depicts all the nine wards, wherein the houses have been divided as per following:- 1. Ward 1 : H. No. 1 to 117 2. Ward 2 : H. No. 118 to 203 3. Ward 3 : H. No. 204 to 279 4. Ward 4 : H. No. 280 to 370 5. Ward 5 : H. No. 371 to 442 6. Ward 6 : H. No. 443 to 546 7. Ward 7 : H. No. 547 to 625 8. Ward 8 : H. No. 626 to 707 9. Ward 9 : H. No. 708 to 805 8. It has been mentioned in the reply that on 15.05.2018, the petitioner and other members never cooperated with the officials present there and thus, a speaking order could not have been passed. 9. Learned counsel for the petitioner is seeking setting aside of order dated 20.08.2018 (P-10) passed by respondent No. 3, as the same is non-speaking and the impugned order has not been passed, in compliance of judgment dated 13.06.2013 (P-2). The representations has been simply ordered to be consigned to the records. The Wardbandi is not in consonance with the house numbers as per voter list-2018, which has been prepared house-wise/ward-wise showing the house numbers of all the members of the Gram Sabha/registered voters. The pick and choose policy has been adopted by the respondent-authorities. 10. Reference has been made to judgment dated 13.06.2013 (P-2) whereby this Court was dealing with the case wherein petitioner was seeking declaration that the provisions of Section 10 and 10 (A) of Act 1994 is ultra vires to the Constitution of India and the Punjab State Election Commission Act, 1994. The writ petition was dismissed but directions were given for the purpose of formation of wards in future, which reads as under:- "1. The government should undertake an exercise of allotting the house numbers to all the houses in all the villages of the State of Punjab. The Panchayat Secretary of the Gram Panchayat concerned shall maintain the record of the house numbers and keep on updating the same in case of any change in the house number occurred for any reason. The government should undertake an exercise of allotting the house numbers to all the houses in all the villages of the State of Punjab. The Panchayat Secretary of the Gram Panchayat concerned shall maintain the record of the house numbers and keep on updating the same in case of any change in the house number occurred for any reason. Let this exercise be started after the elections and be completed within a period of one year and the status report be put up on the file of this case. 2. The exercise of delimitation of wards for the purpose of election of the Gram Panchayats, Panchayat Samities and Zila Parishads shall be undertaken with wide publicity in the electronic and print media well before the exercise is started. 3. The notification of the proposed wardbandi or its substance should not only allowed to be pasted/affixed in terms of the provisions of the statute but should also be accompanied by a coloured site plan showing formation of separate wards so that the appropriate opportunity could be availed of by the voters for the purpose of filing objections. 4. The Deputy Commissioner or the Competent Authority, who has to decide the objections, shall decide the objections by passing a well reasoned order reflecting his/her application of mind. 5. We also request the State of Punjab to enhance the period of filing the objections which is at present only 7 days from the date of proposal because after the decision of the Deputy Commissioner, 90 days period has been fixed for the purpose of publication of final notification. 11. Heard 12. It is not in dispute that the petitioner has not filed any replication to controvert the facts mentioned in the reply dated 04.12.2018. Further the Election of Gram Panchayat of Village Amarpura, Block Abohar, District Fazilka took place on 30.12.2018 and the office bearers are already discharging their duties. 13. A bare perusal of impugned order dated 20.08.2018 (P-10) shows that the representation dated 13.02.2018 of the petitioner was received in the office on 19.02.2018, which was forwarded to DDPO, Fazilka, who forwarded the objections to BDPO, Abohar on 26.02.2018. The petitioner was called on 15.05.2018 and the last date of hearing was fixed as 15.05.2018. At the time of wardbandi, the complete record regarding the changes in the house numbers has been taken note of. The petitioner was called on 15.05.2018 and the last date of hearing was fixed as 15.05.2018. At the time of wardbandi, the complete record regarding the changes in the house numbers has been taken note of. At the time of wardbandi, a coloured site plan has been prepared and the objections of the petitioner has been heard. The petitioner was well aware of the wardbandi and thus, he submitted the objections. Since the speaking order was not passed, a warning was given to DDPO, Fazilka and BDPO, Abohar to be vigilant in future. 14. In para No. 5 of the reply dated, it has been mentioned that the voter list for the Lok Sabha Elections was prepared on the basis of division of the aforesaid village into three wards. Thereafter, the process of wardbandi was carried out for the Panchayat Elections and during this, the village Amarpura was divided into nine wards and the division was done on the basis of the streets that intersects the whole village, 15. Further a bare perusal of site plan (R1) shows that all the 09 wards have been carved out in a correct manner, in accordance with law. 16. For all intents and purposes, the directions given by this Court in the judgment dated 13.06.2013 (P-2) have been duly carried out while passing the impugned order. 17. No merits.