The Punjab & Haryana High Court on Thursday issued a notice on a plea filed against the Punjab government’s decision to dissolve all Gram Panchayats in the State.
A bench comprising of Justice Raj Mohan Singh and Justice Harpreet Singh Brar directed the State to submit its reply within 10 days.
Sarabjeet Singh, the Sarpanch of Mohammadpur in Ludhiana, filed the plea, challenging the State’s move to dissolve the panchayats. Three additional petitions were also filed in opposition to this decision.
Singh seeks to quash the notification issued by the State government on August 10 and request a stay on the notification’s effects during the pendency of the petition. The plea argues that the Gram Panchayats were dissolved under Section 29A of the Punjab Panchayati Raj Act, more than five months prior to the completion of their five-year term. Section 29A permits the dissolution of Gram Panchayats under “exceptional circumstances” when the State Government deems it necessary for public interest.
The Punjab Government, exercising its powers under section 209 of the Panchayati Raj Act, has scheduled general elections for the members of Gram Panchayats, Panchayat Samitis, and Zila Parishad for December 31. The plea raises questions about the State Government’s authority to dissolve the Panchayats before the five-year term completion and if such action can be taken “as a matter of right” without providing a reason based on public interest.
The plea also refers to a previous decision of the High Court in Punjab Panchayati Union and others v. State of Punjab, which emphasized that the State can order Panchayat dissolution if it is satisfied that it is in “public interest.” This power, however, is subject to judicial review.
Advocate Nikhil Ghai, representing the petitioner, argued that the dissolution of Gram Panchayats in Punjab is unlawful and contradicts the interests of the public. It is also alleged to violate Articles 21, 243-E of the Constitution, and Section 29A of the Punjab Panchayati Raj Act 1994.
The matter is scheduled for further consideration on August 28, 2023.
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