Punjab Govt Undertakes In High Court To Withdraw Notification On Dissolution Of Gram Panchayats

The Punjab Government today informed the High Court that it will withdraw the notifications which dissolved Gram Panchayats in the State. The bench of Justice Raj Mohan Singh and Justice Harpreet Singh Brar was assured that the decision will be withdrawn within two days.

Eleven writ petitions were filed by various representatives of the Panchayat in the Punjab, questioning the State’s decision to dissolve the panchayats in the State. One such plea was filed by Sarabjeet Singh, Sarpanch of Mohammadpur, Ludhiana.

Singh sought quashing of the notification issued by the State government on August 10 and a stay on the effect of the notification during the pendency of petition.

The plea stated that the Gram Panchayats have been dissolved under Section 29A of Punjab Panchayati Raj Act, over 5 months prior to the completion of five year term. Section 29A provides for dissolution of Gram Panchayats in ‘exceptional circumstances’ which allows the dissolution “Where election has been announced and the State Government considers it necessary in public interest to do so.”

The Punjab Government had declared general elections of the members of Gram Panchayats, Panchayat Samitis and Zila Parishad in exercise of powers under section 209 of Panchayati Raj Act to be held on December 31.

Whether the State Government, while declaring elections for the Panchayats before the completion of five years, can dissolve the Panchayat before five years “as a matter of right” without giving reason based on public interest, questioned the plea.

Reference was also made to the High Court’s decision in Punjab Panchayati Union and others v. State of Punjab, wherein it was held, “If satisfied that it is in "public interest" to do so, the State can order dissolution of the Panchayat/s. The power is reasonable. It is vested in the State. It is not unbridled or unguided. It cannot be exercised arbitrarily. The test of 'public interest has to be satisfied. If the power is abused, the check of judicial review is available. The wrong can be undone.”

Today, the Advocate General of Punjab, Vinod Ghai submitted that the notifications dissolving the Gram Panchayat, Panchayat Samiti, Zila Parishad and all the legal consequence there too, will be withdrawn within two days, "the democracy will be restored." The elections of the panchayat  in the State will be held as per the schedule, he further added.

A PIL was also filed by general secretary of Shiromani Akali Dal, challenging the notification. It was listed before the bench of Chief Justice RS Jha and Justice Arun Palli and there as well the State submitted that the notification will be withdrawn in two days.

Taking note of the same, the Court said that the submission has rendered the petition infructuous. 

In the previous proceeding it was submitted that Gram Panchayats in Punjab have been illegally dissolved and it is against the interest of Public and violative of Articles 21, 243- E of the Constitution and Section 29A of Punjab Panchayati Raj Act 1994.

On August 10, notification was issued by the State government whereby General elections for Gram Panchayats were directed to be held on December 31, and on the same day all Gram Panchayats in the Punjab were dissolved.

The Notification stated that “vide the Government of Punjab… notification dated the 10th August, 2023 for conduct of the general election of the Gram Panchayats, before 31st day of December, 2023...Now, therefore, in exercise of the powers conferred by section 29-A of the said Punjab Panchayati Raj Ac,t 1994 (Punjab Act 9 of 1994) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to dissolve all the Gram Panchayats in State of Punjab, with immediate effect; and authorise the Director Rural Development and Panchayats-cum-Special Secretary to appoint persons (Administrators) from amongst the Junior Engineers, Social Education and Panchayat Officers, Village Development Officer and Panchayat Officers, subject to their availability in the respective Block, as the case may be, during the dissolution period of each such Gram Panchayat e.i( till the new elected body assumes charges of office) to perform all the functions and exercise powers of the Gram Panchayats.”

On August 11, the State issued a communication to suspend all the financial transactions with Gram Panchayat.

Case Title: Sarabjeet Singh v. State of Punjab & Ors.

Counsel for the petitioner: Senior Advocate Bipan Ghai, Advocates, Nikhil Ghai, Paras Talwar, Deepanshu Mehta & Amanpreet Panju.