Punjab-Haryana High Court
Tarsem Singh vs Mrs. Gauri Prashar Joshi, Ias & Ors on 24 January, 2018
Author: Jaswant Singh
Bench: Jaswant Singh
COCP 3016/2017 1 102
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
COCP 3016/2017
Date of decision:24.01.2018
Tarsem Singh
..............Petitioner
v.
Mrs.Gauri Prashar Joshi,IAS and others
..............Respondents
Coram: Hon'ble Mr.Justice Jaswant Singh Present:- Mr. AS Salar,Advocate for the petitioner.
Mr.Indresh Goel,Additional AG Haryana with respondents 2 in person.
Mr.Sant Kashyap,Advocate with respondent no.3 in person. Jaswant Singh,J,(Oral).
The petitioner is a resident of Village Kiratpur, Block Pinjore, District Panchkula. He filed CWP 4576/2016 challenging the action of the Authorities in reserving the office of Sarpanch of Gram Panchayat Kiratpur for a Scheduled Caste(Woman)Category. It was claimed that the population of Scheduled Castes in the Village was not correctly ascertained while reserving the same for Scheduled Caste Category. The said writ petition was disposed of vide order dated 2.2.2017 directing the Authorities concerned to conduct a fresh survey of the area in accordance with the provisions of Article 341 of the Constitution of India within a period of four months and thereafter proceed further as regards conduct of the elections.
The present contempt has been filed alleging that the order dated 2.2.2017 has been violated inasmuch as while conducting a fresh survey the temporary/migrant labourers belonging to Scheduled Caste Category of other States have been included in the population of Gram 1 of 2 ::: Downloaded on - 04-02-2018 21:49:48 ::: COCP 3016/2017 2 102 Panchayat, Kiratpur so as to form the basis for reservation of the office of Sarpanch.
Upon notice replies have been filed.
In compliance of the order dated 16.1.2018 Ms.Richa Rathi, SDM Panchkula and Ms.Martina Mahajan, BDPO,Pinjore are also present.
It has been shown that as per the definition of population engrafted in Section 2 Clause (xliv) read with Section 9 of the Haryana Panchayati Raj Act,1994 (for shor the Act), the survey is to be effected by calculating the population of Scheduled Castes based on the last CENSUS. In compliance of the directions passed by this Court, a fresh detailed survey has been undertaken by specifying the population categorywise. It has nowhere been shown by the counsel for the petitioner that a deviation from the definition of "Population" as per provisions of the Act can be made by introducing the element of migrant labourers or any other temporary resident of village being not registered voters of the constitutency, although the plea appears to be worth consideration by the authorities of the Government.
As far as the present contempt is concerned this Court finds that there is no willful disobedience. However, the Secretary, Panchayat, Government of Haryana as well as State Election Commissioner, Haryana, in consultation, are directed to look into the aspect raised in the present contempt and as explained to SDM, Panchkula.
24.01.2018 (Jaswant Singh)
joshi Judge
Whether Yes/No
Speaking/reasoned
Whether Reportable Yes/No
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