AI Structured Summary
Not yet generated for this judgment
Judgment
Notice. Mr. Arshad Malik, learned Dy.AG accepts notice on behalf of the respondents.
With the consent of learned counsel for the parties, writ petition is taken up for final disposal.
Through the instant writ petition, petitioners seek the following reliefs:-
"Commanding and directing the respondents to de-reserve Panchayat Bhanwat Dhokri, Block Poonch. Commanding and directing the respondents not to conduct the election of Sarpanch in Pancjhayat Bhanwat Dhokri, Block Poonch till the objections of the petitioners are not decided."
The case of the petitioners is that respondent No. 2 vide order No. DRDJ/Panch/2017/45409-45582 dated 29.12.2017 drafted a proposal for reservation of Panch Constituencies and the Panchayats for SC/ST/Women and same has been uploaded on official website for response from general public of the concerned Panchayats/Blocks. Pursuant to the said draft proposal the panchayat of the petitioners i.e. Bhanwat Dhokri, Block Poonch is also proposed to be reserved for ST. It is stated that after knowledge of the said fact, petitioners immediately filed objections before respondent no. 3 who forwarded the same to District Panchayat Officer with a note that to examine the same and stake appropriate action and report compliance. Thereafter, respondent No. 3- District Panchayat Officer vide order dated 20.01.2018 forwarded the objections received from the habitants of Panchayat Bhanwat Dhokri to Block Development Officer, Poonch with a direction to look into the contents of the objections/application and submit a report after proper verification along with relevant record.
Learned counsel for the petitioners states that respondent No. 2 has already constituted a committee in the draft proposal mentioned above to examine the objections and suggestions received in the concerned Block, which is headed by District Panchayat Officer, whereas, the objections submitted by the petitioners are pending and have not been decided till date.
During the course of the arguments, learned counsel for the petitioners submitted that the petitioners would feel satisfied, if the respondents are directed to consider and decide the objections filed by the petitioners within some stipulated time. Submission made is considered. There is no legal impediment in granting such relief.
Mr. Arshad Malik, learned Dy.AG appearing for the respondents states that he has no objections, in case, submission of learned counsel for the petitioners is allowed.
In view of the aforesaid submissions made by learned counsel for the petitioners and in the facts of the case, the instant petition is disposed of with a direction to competent authority to consider and decide the objections filed by the petitioners as per the norms and rules governing the field, by a speaking order, within a period of two weeks from the date of receipt of certified of this order.
The writ petition alongwith connected MP stands disposed of in the above terms.
