KARMALL SINGH AND ANR. versus DARSHAN SINGH AND ORS.

KARMALL SINGH AND ANR. versus DARSHAN SINGH AND ORS.

The State Government's decision to amalgamate the Gram Sabhas was not arbitrary as it was based on material (the mismanagement by the Sarpanch and reports submitted), and such policy decisions fall within the Government's executive discretion unless shown to be mala fide or without basis. The High Court erred in interfering with this notification.

Parties
Appellant: Karmail Singh and Anr.; Respondent: Darshan Singh and Ors.; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
16 December 1994
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Punjab and Haryana High Court
Outcome
Appeal allowed. Impugned orders set aside. Notification dated 18.12.1991 upheld.
Legal Topics
Amalgamation of Gram Sabhas, Executive Policy Decision, Panchayat Administration, Judicial Review of Administrative Action
Administrative Law Local Government Law Amalgamation of Gram Sabhas Executive Policy Decision Panchayat Administration Judicial Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Karmail Singh and Anr.

Appellant

Darshan Singh and Ors.

Respondent

State of Haryana

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Punjab and Haryana High Court

Legal Issues

  1. 1 Whether the State Government's decision to amalgamate two Gram Sabhas under Section 4 of the Punjab Gram Panchayat Act, 1952 was arbitrary or unwarranted.
  2. 2 Whether the notification dated 18.12.1991 amalgamating Bhorakh and Harigarh Gram Sabhas was valid.

Ratio Decidendi

The State Government's decision to amalgamate the Gram Sabhas was not arbitrary as it was based on material (the mismanagement by the Sarpanch and reports submitted), and such policy decisions fall within the Government's executive discretion unless shown to be mala fide or without basis. The High Court erred in interfering with this notification.

Court Disposition

Appeal allowed. Impugned orders set aside. Notification dated 18.12.1991 upheld.

Orders

  • Impugned orders of the Single Judge and Division Bench of the Punjab and Haryana High Court are set aside.
  • Notification dated 18.12.1991 amalgamating Bhorakh and Harigarh Gram Sabhas is upheld.