GANESH RAM KOSHARE Vs. STATE OF C G

JUDGEMENT

(1.) LEGISLATIVE Background - After the Constitution (Seventy Third Amendment) Act, 1992 came into force, Madhya Pradesh (Panchayat Raj Avam Gram Swaraj) Adhiniyam, 1993 (No. 1 of 1994) (hereinafter referred to as 'the Act') has been enacted conforming to the provisions of Part-IX of the Constitution. After the Act came into force, by notification specifying village or group of villages, Panchayats have been constituted and established as per the provisions of Sections 8 & 10 of the Act. Further, the Gram Panchayats have been divided into wards as per the provisions of Section 12 of the Act. Thereafter, the Panchayat Elections of the year 1994 in the erstwhile State of Madhya Pradesh were conducted and again in the year 1999, on completion of five years' term, the Panchayat Elections were conducted. Under the M.P. Reorganization Act, 2000 (No. 28 of 2000), the State of Chhattisgarh was carved out from the State of Madhya Pradesh with effect from 1st November, 2000. The State of Chhattisgarh has adopted the Madhya Pradesh (Panchayat Raj Avam Gram Swaraj) Adhiniyam, 1993, as also the notification dated 23-2-1999 issued under Sections 3,125,126 & 129-B of the Act, whereby, the Governor of Madhya Pradesh, in exercise of the powers conferred by Rule 2 of Part 1 of the Rules of Business of Executive Government of Madhya Pradesh, directed that the cases under Sections 3,125,126 and 129-B of the Madhya Pradesh (Panchayat Raj Avam Gram Swaraj) Adhiniyam, 1993 (No. 1 of 1994) shall be disposed of by the Collector of the concerned revenue district. The general elections of the Panchayat are due in this year as the five years tenure of the existing Panchayats is expiring during this year.

(2.) IN the year 2001, the general census was conducted by the Government of India. As the population of various areas increased, therefore, before conducting the Panchayat Elections 2004, the State Government of Chhattisgarh decided to undertake delimitation of Panchayats under Sections

(3.) AS mentioned above, as per the time schedule, respective Collectors issued preliminary notification inviting suggestions and objections of concerned persons/villagers, they were directed to submit their representations before the concerned S.D.O. (Revenue) by 3rd of July, 2004, and the hearing was fixed before the S.D.O. (Revenue) on 5th July, 2004, thereafter, they submitted their reports and the Collectors after considering representations and reports of the S.D.O.s issued final notifications on 12th July, 2004.