- (1.) The Gram Panchayat of Village Kalawar, Tehsil and District Ambala questions the validity of Rule 31(A)(ii) of Haryana Panchayati Raj Rules, 1995 added vide notification dated 04.06.2014 (Annexure P-9). The said Rule enables apportionment of movable and immovable properties including funds, between the existing and the newly constituted Gram Panchayat in proportion to their population. To appreciate the petitioner's challenge, it deserves mention that originally the Gram Panchayat of village Kalawar comprised villages Chhapra, Kathgarh, Balapur and Danipur. A separate Gram Panchayat of Village Balapur, however, came to be constituted in the year 2005.
(2.) There arose a dispute between the two Gram Panchayats for the apportionment of movable and immovable properties including the funds available with the existing Gram Panchayat.
(3.) Such like disputes might have arisen at different places on account of establishment of new Gram Panchayats under the Haryana Panchayati Raj Act, 1994, hence the State of Haryana amended section 7 of Haryana Act 11 of 1994 vide Haryana Panchayati Raj (Amendment) Act, 2013 notified on 10.10.2013 and inserted sub-section (3A) which reads as under: "(3A) Where any area is excluded from or included in any sabha area under sub-section (3), the assets and liabilities attached with such sabha area shall be apportioned by the prescribed authority in such manner, as may be specified.";