Gurdeep Singh v. State Of Punjab And Others

CWP-5119-2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-5119-2019 (O&M) Date of decision : 19.08.2019 Gurdeep Singh ....Petitioner V/s State of Punjab & ors.

....Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. R.S. Sohi, Advocate for Mr. Amit Dhawan, Advocate for the petitioner. Mr. IPS Doabia, Addl. A.G. Punjab.

RAJAN GUPTA J.

Learned State counsel, on instructions from Ms. Jeenat Khera, BDPO, Nakodar, Jalandhar, who is present in court, submits that no cause of action survives in this petition as necessary steps have been taken. He has referred to relevant portion of the letter, Annexure R-7/T addressed by the Deputy Commissioner, Jalandhar to Secretary, State Election Commission, Chandigarh. Relevant part thereof reads as under:- "Gram Panchayat Election was not conducted due to the boycott of Gram Panchayat election 2018 by the people of the locality. The People of the locality has filed Civil Writ Petition No. 5119 of 2019 titled as Gurdeep Singh vs. State of Punjab and other in Hon'ble Punjab and Haryana High Court.

The main objection of the villagers was the SC Population of the Gram Panchayat as per the Census report 2011, which led to the reservation of the seat of Sarpanch of the Gram Panchayat Mehmoodpur. The matter was investigated by Sub-divisional magistrate, Nakodar and BDPO, Nakodar. Fresh survey of the population of village was conducted, according to which the AJAY KUMAR 2019.08.26 15:29 I attest to the accuracy and authenticity of this document total SC Population of the villager Mehmoodpur is 16.

CWP-5119-2019 view of the public interest and according to fresh survey, reservation of the Gram Panchayat Memoodpur was modified according to the present population vide Corrigendum through letter Number GP/Ward/Pan.El/Jalandhar/3886 dated 23/7/2019 and the reservation of the post of Sarpanch has been made under section 10A (read with section 10) of the Panchayati Raj Act 1994 (Amendment Act No. 14 year 2014) vide letter No. 3885 dated 23.7.2019. Keeping in view of these attached copies of amended corrigendum letters, it is requested that the necessary amendment may kindly be published in the Gazette of Punjab Govt, so that complete written reply be submitted in Hon'ble Punjab and Haryana High Court, Chandigarh and election would be conducted in this gram Panchyat in the upcoming bye-elections."

Learned counsel for the petitioner does not controvert the aforesaid contentions.

In view of above, present petition is hereby dismissed as having been rendered infructuous.

(RAJAN GUPTA) JUDGE August 19, 2019 (MANJARI NEHRU KAUL) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2019.08.26 15:29 I attest to the accuracy and authenticity of this document