GANAPATHY SUBRAYA BHAT Vs. DEPUTY COMMISSIONER UTTARA KANNADA

JUDGEMENT

(1.) Petitioners are residents of Honavar Taluk. It is alleged by them that the villages in which they reside in that Taluk have been added on to various Mandal Panchayats formed by the respondent - State Government in exercise of its power under Section 4(1) of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983. They further allege that having regard to the backwardness of the villages in which they reside and other geophysical factors, there is an imperative need to reconstitute the group of villages into one single Mandal Panchayat so that they may develop better. In that circumstance, they also allege that they have made a representation to the then Minister incharge of Rural Development in the Government of Karnataka. That representation is produced along with the petition as Annexure-A. In that circumstance, the prayer made by the petitioners is for a writ of mandamus or other appropriate writ or order to the State Government to establish a Mandal Panchayat under the aforementioned Act.

(2.) Constitution of a Mandal Panchayat is controlled by the provisions contained in Section 4 read with Section 5 and other relevant sections. Certain guidelines are given in sub-section (1) of Section 4 for grouping the villages and constituting the Mandal Panchayat. The Deputy Commissioner of the District is authorised to put a proposal grouping certain villages into a panchayat or a single village into a panchayat if it qualifies to be a panchayat by itself. Such proposals should also invite objections from the persons affected and thereafter considering the objections, if any received, the Deputy Commissioner may constitute and declare certain group of villages or a village by itself to be a Mandal Panchayat. Ad? mittedly that stage is over. The petitioners or any one of them did not raise any objection when the proposals were originally made by the Deputy Commissioner of Karwar in exercise of his power under sub-section (1) of Section 4 of the Act.

(3.) It is now, they have realised the need for regrouping themselves into one Mandal Panchayat for better development of the area. Therefore they made representation to the Government as well as filed the present writ petition seeking a mandamus to the Government to so regroup the villages. The power exercised by the State Government through the Deputy Commissioner under Section 4(1) and 4(2) are some what similar to the power exercised by the State Government under various Local Authorities Act grouping notified areas or municipalities or metropolitan areas, corporations etc. That power so exercised is a necessary pre-requisite to extend the provisions of the Act under which those areas, municipalities or corporations are formed.