Gurdial Singh vs The State and Others

Dua, J.—Gurdial Singh complains under Articles 226/227 of the Constitution that originally there were three separate Gram Panchayats with their own Sabha areas for the villages Banmohri, Ballewala and Rajindrapuri. He claims to be a resident and one of the voters of the Sabha area of village Ballewala in district Sangrur. It is admitted that the Sabha area of village Ballewala has a population of 400 persons and about 130 voters and village Rajinderpari has a population of about 600 persons and about 306 votes. Now a common Panchayat area has been created for village Ballewala and village Rajinderpuri. The objection raised is that these two villages are not contiguous and the grievance is that it is not convenient for the voters of those two villages to go out of their village for the purpose of exercising their right. It is asserted in the petition that the distance between the two villages is six miles and if one has to go from village Ballewala to village Rajinderpuri, then he has to pass through village Banmohri from where by means of a long and circuitous route he has again to pass through village Pasaurh.

In the return, it has been stated that the population of village Rajinderpuri is 596 and voters 301 whereas the population of village Ballewala is 267 and voters, 130. This is a figure according to the census of 1961. The distance between village Ballewala and Rajinderpuri has been stated to be four miles. It is further admitted that village Banmohri lies in between the two villages. According to the census of 1951, the population of each one of the two villages is less than 500 and both of them being nearest to each other, one Gram Sabha area had to be constituted.

Reference at the bar has been made to section 4 of the Panjab Gram Panchayat Act 4 of 1963. Sub-section (1) of this section provides that the Government may by notification declare any village or group of contiguous villages with a population of not less than 500 to constitute one or more Sabha areas provided that the Government may in any particular case relax the limit of 500. We are not concerned with the first proviso. It is not disputed, that in the absence of any relaxation by the Government these two villages cannot have separate Sabha areas. What is contended is that since these two villages are not contiguous to each o her, therefore, the Government should be directed to relax the limit and give them separate Sabha areas I am not at all impressed by this contention. Contiguous villages as contemplated by section 4(1) are villages with a population of less than 500. In the instant case, though another village intervenes, it is obvious that these two villages are the only villages with a population of less than 500 persons which are contiguous to each other. Keeping in view the purpose of this provision, it appears to me that the view taken by the Government is more consonant with the statutory object. The question that the Government may be required to relax the limit cannot be raised in writ proceedings, for this is a matter which pertains to the discretion of the Government which has to be exercised on a consideration of various factors having administrative implications with which this Court is not in a fit position to deal.

For the foregoing reasons, this writ petition fails and is hereby dismissed but with no costs.