IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.14411 of 2007
Date of Decision: January 30, 2009
Harminder Kaur @ Mohinder Kaur
.....PETITIONER(S)
VERSUS
State of Punjab & Others
.....RESPONDENT(S)
. . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. D.V. Sharma, Senior Advocate,
with Mr. Harit Sharma, Advocate, for
the petitioner.
Mr. H.S. Brar, Deputy Advocate
General, Punjab, for respondent
Nos.1 to 3.
Mr. Sushant Batish, Advocate, for
respondent No.4.
. . .
AJAI LAMBA, J (Oral)
This petition filed under Article
226/227 of the Constitution of India prays for
quashing Order dated 18.10.2006 (Annexure P-8)
passed by the Special Secretary, Government of
Punjab, Department of Rural Development &
Panchayats, Punjab (exercising powers of Government)
under the Punjab Panchayati Raj Act, 1994.
It has been pleaded in the petition
that petitioner is the widow of an Ex-serviceman
late Sardar Sarwan Singh. The petitioner is resident
CWP No.14411 of 2007 [2]
of village Dhani Pind, Block Rurka Kalan, Tehsil
Nakodar, District Jalandhar. A stadium was to be
constructed in the village. Some money was received
for that purpose from the Government and some money
was received under the MPLAD fund/ scheme. The
petitioner approached the gram panchayat that she is
willing to donate for the construction/ maintenance
and extension of the stadium for the benefit of the
young population of the village in order to boost
sports activities. However, a condition was laid by
the petitioner to the effect that the stadium be
named after her husband, in his memory.
It has been highlighted that husband
of the petitioner had served the cause of Nation as
he fought 1965 war and 1971 war for the Country. It
seems that the gram panchayat passed a resolution on
23.4.2003 thereby unanimously resolving to accept
the donation and to name the stadium after Sardar
Sarwan Singh Kooner. Land was to remain in the name
of gram panchayat. The resolution has been placed on
record as Annexure P-1.
Because the resolution was passed, the
petitioner donated a sum of Rs.8 lac during the
period April 2003 to August 2003.
In June 2003, election to the gram
panchayat were held and another person was elected
as Sarpanch who, it seems, did not see eye to eye
with the former Sarpanch under whose chairmanship,
resolution Annexure P-1 had been passed. On the
CWP No.14411 of 2007 [3]
constitution of new panchayat, resolution dated
4.11.2003 was passed wherein it was resolved that
name of the stadium in the name of husband of the
petitioner is not in public interest, resolution
therefore be rescinded. Resolution dated 4.11.2003
has been placed on record as Annexure P-4. It seems
that issue was raised before the Director for
cancelling resolution Annexure P-4. The matter was
heard by the authority and it was found that
resolution dated 23.4.2003 was in accordance with
law and was upheld. Subsequent resolution dated
4.11.2003 (Annexure P-4) was set aside. Director,
however, named three members committee for spending
the donations to be given by the petitioner. Copy of
order dated 12.5.2005 passed by the Director has
been placed on record as Annexure P-5.
The matter was carried in appeal to
respondent No.2. Respondent No.2, vide impugned
order dated 18.10.2006 (Annexure P-8) reversed the
decision of the Director. The relevant portion is
extracted as under:-
“after hearing the arguments of both the parties and
perusing the record on file, it is clear that stadium in the
village had been constructed with the help of
Government grant and panchayat funds but Smt.
Mohinder Kaur by giving some amount as donations
got it named on the name after her husband who was an
ex-serviceman but he has not done any extra ordinary
work in the village. Naming the stadium, which has
been constructed on the land of the Panchayat, after the
name of a private person is not legally correct and the
consent of the residents of the village and the Gram
Sabha was necessary to name the stadium. Decision of
Gram Panchayat taken vide resolution dated 4.11.2003
is correct and the decision which had been taken vide
resolution dated 23.4.2003 is incorrect. Therefore, I
accept the petition and set aside resolution dated
CWP No.14411 of 2007 [4]
23.4.2003 and upheld resolution dated 4.11.2003.”
In view of what has been said in the
extracted portion of impugned order, there has been
a subsequent development in so much as during the
pendency of this writ petition, on 22.9.2008, the
new panchayat was required to consider that in case
the stadium is not to be named in the name of
husband of the petitioner, then the gram panchayat
will itself assess the amount paid by the petitioner
and the same would be refunded to her. In view of
resolution, it seems that the matter was considered
by the present panchayat in meeting held on
21.11.2008. The resolution has been placed on record
as Annexure A-1 and A-2. It has been resolved by the
present panchayat that the gram panchayat agreed
with resolution dated 23.4.2003. It has been
unanimously resolved that the stadium should be
named as “Sardar Sarwan Singh Kooner Memorial
Stadium”.
In view of the observations made in
the impugned order, the matter was even carried to
the gram sabha. Even the gram sabha had resolved
vide Annexure A-2 dated 31.12.2008 that stadium be
named as Sardar Sarwan Singh Kooner Memorial
Stadium.
Essentially, the gram panchayat is a
democratic body, however, is constituted under the
provisions of the Punjab Panchayati Raj Act, 1994.
The funds received by the panchayat are to be CWP No.14411 of 2007 [5]
utilised in a regulated manner. There is supervisory
and superintending control over the affairs of the
gram panchayat. It would be a matter of policy, in
the facts and circumstances of the case, to name the
properties of gram panchayat in the name of persons
who make donation or in memory of a person whose
name is suggested by a person who makes the
donation.
Considering various dimensions of the
case, this matter is remitted back to respondent
No.2 to consider the matter afresh in view of
resolution passed by the gram panchayat on
21.11.2008 (Annexure A-1) and gram sabha on
31.12.2008 (Annexure A-2).
The parties would be heard before any
final order is passed. Final decision on the issue
be taken within six weeks from the date of receipt
of a copy of the order.
Parties may appear before respondent
No.2 on 10.2.2009.
This petition is disposed of in the
above terms.
(AJAI LAMBA)
January 30, 2009 JUDGE
avin