JUDGMENT
H.S. Bedi, J.
1. Vide resolution dated 30th June, 1990, appended as Annexure P. 1 to the petition, the petitioner-Gram Panchayat resolved that the liquor vend situated in the village be closed. The resolution was thereafter delivered to the office of respondent No. 2 before 30th October, 1990. Respondent No. 2 thereafter fixed a hearing on 2nd January, 1991 and having disagreed with the resolution aforesaid suggested that it be ignored. The matter was thereafter taken up by the financial Commissioner and Secretary to Government of Haryana, Excise and Taxation Department, exercising the powers of the State Government under Section 26 of the Punjab Gram Panchayat Act, 1952, as applicable to the State of Haryana, (hereinafter called the ‘Act’) and Annexure P. 1 was not accepted and the resolution of the Gram. Panchayat seeking closure of the vends during the year 1991-92 was rejected. The petitioner-Gram Panchayat, is impugning Annexure P. 2 on the ground that once a resolution has been passed by the Gram Panchayat, recommending the closure or opening of a liquor vend the aforesaid resolution is binding on the Government in terms of Section 26(3) of the Act. Section 26 of the Act is reproduced below :-
26. Power to introduce Prohibition :-Sub-sections (1) and (2) as in Haryana :
“(A) A Gram Panchayat may, at any time, during the period commencing on the 1st day of April and ending with the 30th day of September of any year, by resolution passed by majority of Panches holding office for the time being, direct that intoxicating liquor may not be sold at any licensed shop within the local area of the Gram Panchayat.
(2) When a resolution has been passed under sub-section (1) and is received in the office of the Excise and Taxation Commissioner, Haryana, on or before the 31st of October, it shall take effect from the 1st day of April, of the year next after such resolution.
(3) Notwithstanding anything contained in the Punjab Excise Act, 19 4 (or any other Act for the time being in force) and the rules made thereunder with regard to the powers and functions of the Collector under the said Act, such a resolution will be binding upon the Excise and Taxation Commissioner
Provided that if the Excise and Taxation Commissioner is of the opinion for reason’s to be recorded in writing that within such local area illicit distillation or smuggling of alcohol has been carried on or connived at, within two years proceeding the date of the passing of such resolution in such local area, such resolution shall not be binding upon him, unless the Government orders that it shall be so binding ”
A reading of the aforesaid section would indicate that if a resolution is passed by the Gram Panchayat during the period commencing on the 1st day of April to the 30th day of September of any year and the aforesaid resolution has been received in the office of the Excise and Taxation Commissioner, Haryana on or before 31st October of that year, it shall take effect from the first day of April of the year next after such resolution. Sub-section (3) of Section 26 provides that in the above eventuality such a resolution will be binding on the Excise and Taxation Commissioner with a proviso that if such officer is of the opinion for reasons to be recorded in writing that within such local area illicit distillation or smuggling of alcohol has been carried on or connived at, within two years proceeding the date of the passing of such resolution, such resolution shall not be binding on the Government.
2. It has been urged by Mr. I S. Balhara, learned counsel for the petitioner that the order Annexure P 1 and the impugned order Annexure P. 2 do not set out full and proper reasons as to why the State Government thought it fit not to accord acceptance to the resolution Annexure P. 1. In the impugned order as also in the written statement filed by the respondents, it has been asserted that during the period 13th January, 1989 to 1st January, 1990, four First Information Reports pertaining to excise cases were registered at the Police Station which covered the area of the petitioner-Gram Panchayat. He has urged that it would be apparent from the written statement that in two of the cases 12 bottles of illicit liquor, in one case 6 bottles and in the last case 108 bottles had been recovered, but conviction had recorded only in one case pertaining to the recovery of 12 bottles of liquor while other cases were pending and could not be taken note of
3. Mr. D. L. Vasudeva, learned A A.G, has argued on the strength of the written statement and the impugned order that the State Government was of the view for good reason that it would not be proper to accord recognition to the resolution of the Panchayat for the reasons mentioned therein.
4. After hearing the counsel for the parties I am of the view that the present writ petition deserves to succeed. Admittedly, the resolution Annexure P. 1 had been passed within the stipulated dates and conveyed to respondent No. 2 within the time fixed by the statute i.e. 31st October of the year concerned. 1 am also of the view that stray cases of offences under the Excise Act which have not yet resulted in conviction cannot form the basis of an order rejecting the resolution of the Gram Panchayat. It is to be borne in mind that it is basically for the inhabitants of the village and for their convenience that liquor vends are opened by the Excise and Taxation Department and, if the inhabitants of the village do not want such a facility, the authority concerned should not ordinarily come in their way. It is also apparent that the provisions of Section 26 of the Act have been enacted in order to comply with the directive principles enshrined in Article 47 of the- Constitution of India and as such provisions of Section 26 of the Act have to be given a construction so that the object of that Article is not defeated.
5. For the reasons recorded above, the present petition is allowed and a direction is issued that the respondents will not permit the opening of a liquor vend in the one of the petitioner-Gram Panchayat after the period of the present vend, if any, has expired. There will however be no order as to costs.