UMESHAWARI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner by the instant petition has prayed for declaring the notification published in the Rajpatra dated 3rd September, 2008 (Annexure-P/2) ineffective whereby Nagar Panchayat Kunkuri, District Jashpur has been constituted by amalgamating existing Revenue village Gadakata and Gram Panchayat Kunkuri and notice dated 29-9-2008 (Annexure-P/1) issued by the Collector, Jashpur in exercise of powers under Section 126(2) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Act') disestablishing Gram Panchayat Gadakata consisting of village Gadakata on account of constitution of Nagar Panchayat Kunkuri.

(2.) THE case of the petitioner is that she is elected Sarpanch of Gram Panchayat Gadakata. THE Collector vide order dated 29-9-2008 (Annexure-P/1) disestablished Gram Panchayat Kunkuri and Gadakata on the ground that vide notification dated 3rd September, 2008 published in the Chhattisgarh Gazette (Extraordinary) Nagar Panchayat Kunkuri has been constituted consisting of Gram Panchayat Kunkuri and Gram Panchayat Gadakata. Copy of this order was endorsed to the petitioner also.

(3.) REFERRING to Section 5 of the Act of 1961, it was argued that village Gadakata is not a village in transition to the urban area and the Governor has not declared Gadakata as transitional area by public notification in the official gazette as required under Section 5(2) of the Act of 1961 and also under Article 243Q(2) of the Constitution. Vide notification of Annexure-P/9 dated 5-7-2008, intention to constitute Nagar Panchayat Kunkuri in place of Gram Panchayat Kunkuri was signified. The boundaries of Nagar Panchayat Kunkuri were proposed to be the boundaries of existing revenue village and Gram Panchayat Kunkuri. However, while constituting Nagar Panchayat Kunkuri by including village Kunkuri and Gadakata as its boundaries vide Annexure-P/2, no notice was issued to the villagers nor the same was affixed in the public place. Thus, constitution of Nagar Panchayat Kunkuri by including village Gadakata is in violation of Article 243Q of the Constitution of India as well as Section 5 of the Act of 1961. The order of Annexure-P/1 passed by the Collector disestablishing Gram Panchayat Gadakata under Section 126(2) of the Act is also illegal, as aforesaid order has been passed without issuing any notice as contemplated under Section 126(1) of the Act.