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4. Gram Panchayat Badli passed resolution with full quorum and absolute majority on September 25, 1991 for enforcing prohibition in the area of its operation and the same was sent to the appropriate authorities who further forwarded the same to respondent No. 1 i. e. Financial Commissioner and Secretary to Government Haryana, Excise and Taxation department Chandigarh. The said respondent sent a letter summoning Gram Panchayat to appear before him on January 30, 1992 at 11-00 A. M. in his office. No case was brought to the notice of Gram Panchayat with regard to illicit distillation or smuggling of liquor and yet the resolution passed by the Gram panchayat was not accepted on the ground that there were nine cases pending against various persons under the Excise Act from the period 30.12.1989 to 27.1.1991. In all the cases, there was recovery of country liquor ranging from five bottles to 84 bottles and that being the position, the resolution passed by Gram Panchayat could not be accepted.

6. Gram Panchayat Imlota passed resolution with absolute majority on September 18, 1991 for enforcing prohibition in the area of operation of the said Gram Panchayat. The resolution was sent by the Gram Panchayat to the appropriate authorities which was further forwarded to the Financial Commissioner and Secretary to Government, Har-yana, Excise and Taxation Department, Chandigarh. The Gram Panchayat was summoned to appear before respondent No. 1 on January 21, 1992 at 11.00 A. M. but once again without disclosing any case of smuggling and illicit distillation of liquor, the resolution of the Gram Panchayat was rejected vide orders dated January 22, 1992 Annexure P/3.

8. Gram Panchayat Dubaldhan passed resolution by absolute majority on September 27, 1991 for enforcing prohibition in the area of its operation. The resolution aforesaid was sent to the appropriate authorities who further forwarded it to the Financial Commissioner and Secretary to Government, Haryana, Excise and Taxation Department, Chandigarh who summoned the Gram Panchayat to appear before him on January 30, 1992 at 11.00 A.M. Once again without disclosing any case of smuggling and illicit distillation of liquor, the resolution was rejected.. The case of Gram Paachayat is that in the impugned order, the grounds mentioned for declining the resolution of the Gram Panchayat were factually incorrect.