M.R.SHARMA, J. - (1.) SUB tehsil Amloh was a part of tehsil Sirhind of district Patiala. Later on, it was transferred to tehsil Nabha of the same district. Notification regarding demarcation of the Sabha areas under Section 4 of the Punjab Gram Panchayat Act, 1952 (hereinafter called the Act), had been issued in respect of the Gram Panchayats of Amloh sub-tehsil when it was a part of tehsil Sirhind. Fresh elections to the Gram Panchayat, Lallon Khurd, were challenged in this petition, which came up before me in the Chambers, on the ground that the name of this Gram Sabha was not mentioned in the notification regarding the constitution of Gram Sabhas in tehsil Nabha. It was submitted that before elections could be held, a notification under Section 4 of the Act demarcating the Sabha area had to be issued. Reliance in this connection was placed on a judgment rendered by my learned brother C. G. Suri, J. in Balwant Singh etc. v. The State of Punjab etc. , 1973 Cur LJ 238. On behalf of the respondents, my attention was drawn to a Gazette Notification dated September 20, 1960, published by the State Government duly constituting Lallon Khurd as a Gram Sabha. This notification had not been brought to the notice of Suri, J. when he decided Balwant Singh's case (supra), In these circumstances, I requested my Lord the Chief Justice to constitute a Division Bench tor the decision of this case. Presumably, because of the large number of cases in which elections had been challenged on similar grounds, my Lord the Chief Justice ordered this case to be heard by a Full Bench. This is how this reference has come up before us.
(2.) IN the instant case, the election of respondents Nos. 5 to 10, who have been elected to the Executive Committee of the Gram Panchayat, Lallon Khurd, has been challenged. The jurisdiction of this Gram Panchayat extends to villages Lallon Khurd and Dewa Gandhuan. The Gram Panchayat was initially constituted by a notification issued by the State Government on September 20, 1960. This notification reads as under: -" No EP-P-S-60/361: In exercise of the powers conferred by Sub-section (1) of Section 4, Sub-section (1) of Section 5 and subsection (1) of Section 6 of the Punjab Gram Panchayat Act, 1952 (Act No. IV of 1953), read with Punjab Government Development and Panchayat Department Notification No. PLB-24 (2)-60/70610, dated 13th August, 1960. I hereby declare each of the villages or groups of villages specified in column 2 against each serial number mentioned in column 1, of the schedule given below to constitute a Sabha Area and to establish for each Sabha area a Gram Sabha by the name mentioned in column 5, the Executive Committee whereof shall consist of such number of persons including the Sarpanch as are specified against each in column 6 of the aforesaid schedule:- (See Schedule on next page)3. At the time when this notification was issued, these two villages fell within the area of sub-tehsil Amloh, which was part of tehsil Sirhind. Later on, sub-tehsil Amloh as a whole was made a part of tehsil Nabha and there is no controversy on this point. Vide Notification No. EP-PS-72/ 364 dated May 30, 1972, published in the Government Gazette on June 3, 1972, village Dewa Gandhuan was excluded from the area of Gram Sabha, Lallon Khurd. Vide notification No- EP-P-S72/423, dated June 2, 1972, Published on June 5, 1972, Gram Panchayat. Lallon Khurd, was re-constituted in the following terms:-" In supersession of all previous notifications issued in this behalf and in exercise of SCHEDULE Sr. Names of villages Tehsil District Name of Gram No. of persons of the Executive No. constituting Sabha Sabha. Committee of the Gram Sabha Areas. mentioned in Col. 5. 1. 2. 3. 4. 5. 6. * * * * * * 55. Lallon Khurd Sirhind Patiala Lallon Khurd. " Dewa Gandhnan the powers conferred by Section 6 of the Punjab Gram Panchayat Act, 1952 (Act No. IV of 1953) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to order that the Executive Committees of the Gram Sabhas in tehsil Sirhind of Patiala district, mentioned in column 2 of the Schedule given below established under notification (s) mentioned in column 3 and constituting the village (s) mentioned in column 4, shall consist of such tatal number of members including the Sarpanch as are mentioned in column 5 of the said Schedule out of which the number of members belonging to the Scheduled Castes shall be as mentioned in column 6 thereof:- SCHEDULE 1. 2. 3. 4. 5. 6. Sr. Name of Gram No. and date of Name (s) of village (s)Total No. of members No. of members No. Sabha. notification. constitutingsabha of the Executive belonging to Area. Committee including Seheduled castes. Sarpanch. * * * * * * * 55. Lallon Khurd. EP-P-S-60/361, Lallon Khurd. 5. 1. dated September, 20, 1960. "
(3.) THE jurisdiction of the newly constituted Gram Panchayat was confined to village Lallon Khurd only. The Executive Committee of this Gram Sabha was to consist of five members out of which one was to be a member of the scheduled castes. It would be worthwhile to mention here that this notification related to tehsil Sirhind of Paliala district. It has been explained in the return filed on behalf of respondent No, 2 that the Development Department over-looked the fact that the entire sub tehsil Amloh, which was formerly part of tehsil Sirhind, had been transferred to tehsil Nabha.;