BALBIR SINGH Vs. GRAM PANCHAYAT
LAWS(HPH)-1979-5-4
HIGH COURT OF HIMACHAL PRADESH
Decided on May 28,1979

BALBIR SINGH Appellant
VERSUS
GRAM PANCHAYAT Respondents

JUDGEMENT

T.U.MEHTA,J. - (1.) By all these writ petitions the petitioners have challenged the vires of rules 3 to 7 of the Himachal Pradesh Gram Panchayat Rules, 1971 and rules 3 to 6 of the Himachal Pradesh Gram Panchayat (Election) Rules, 1978 on the ground that these rules are ultra vires the provisions of section 60 of the Himachal Panchayati Raj Act, 1968 (Act No. 19 of 1970). The petitioners contention is that since the election of the respondents to various posts of different Gram Panchayats has been made pursuant to the above referred rules these elections should be set aside if the impugned rules are found to be ultra vires the provisions contained in section 60 of the Act.
(2.) The reply of the State has been filed and in some petitions the petitioners have also filed their rejoinders.
(3.) The points which arise to be considered in all there writ petitions are purely legal points and, therefore, after hearing the learned Advocates of the parties we dispose of the same as under.;


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