VAVDI BUZARG GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition i.e. Special Civil Application No.3740 of 2016, under Sec. 226 of the Constitution of India is preferred by the present petitioner - Vavdi Buzarg Gram Panchayat, being aggrieved and dissatisfied with the impugned notification dtd. 13/8/2015, which is published by exercising powers under the provisions of Article 243P of the Constitution of India under the signature of Deputy Secretary, Urban Development & Urban Housing Department, Gandhinagar, whereby the revenue areas of said villages are notified to be included as the part of the Godhra Municipality.

(2.) Brief facts of the case are as such that the present respondent No.1, by notification dtd. 13/8/2015 has included the petitioner - village and other villages in the limits of Godhra Municipality, whereas the respondent No.2 - Gujarat State Election Commission, Sachivalaya, Gandhinagar has issued by its order dtd. 3/9/2015 that the allocation of reserved seats of various constituencies of Godhra Taluka Panchayat and Panchmahal District Panchayat including the petitioner village - Vavdi Buzarg Gram Panchayat for inclusion of Jafrabad Village in the limits Godhra Municipality, is also challenged in the present petition on the ground that 100% area of Jafrabad Village is not urbanized, whereas huge area of the petitioner village - Vavdi Buzarg Gram Panchayat is still doing agricultural work.

(3.) I have heard learned advocate Mr. Vijay H. Patel for the petitioner in both the petitions. He has submitted that the impugned notification dtd. 13/8/2015, for the inclusion of Vavdi Buzarg Gram Panchayat in the limits Godhra Municipality, is per se illegal and unconstitutional. The area of Vavdi Buzarg Gram Panchayat would remain unrepresented till the next general elections, which is contrary to the provisions of Article 243Q , 243R and 243S of the Constitution of India. He has submitted that the petitioner Gram Panchayat by Resolution No.29 dtd. 13/7/2015 has resolved and registered the protest to include the petitioner village in Godhra Village stating that most of the inhabitants of petitioner village are agriculturists and actively engaged in the agricultural activity and managing their livelihood. He has further submitted that more than 50% inhabitants of petitioner village are tribals and they are maintaining their livelihood by carrying out labour work and if the petitioner village is included in the limits of Godhra Municipality, the inhabitants of the petitioner village will be over-burdened by the unbearable taxes of the Municipality. He has further submitted that even at the time of filing of petition, the Godhra Municipality has failed to provide basic amenities to its residents in the existing areas. He has further submitted that though the Jafrabad Village is having commerce college, five schools and more than 50 residential societies moreover, industrial training institute are also there, but even though there is initial proposal to include Jafrabad Village in the limits of Godhra Municipality. Somehow, the proposal was dropped subsequently by respondent No.1 for including Village Jafrabad and therefore, the action of the respondent authorities are not in accordance with law and it is further submitted by learned advocate Mr. Vijay Patel for the petitioner that though the powers are conferred with the State Government but the same shall be used with reasonableness. He has pointed out the provisions of the Constitution of India and more particularly, Article 243Q , the Constitution of Municipality is applicable and not Article 243P of the Constitution has any application and therefore, he submits that the notification is also issued by invoking wrong provisions of the Constitution. He has further submitted that the Vavdi Buzarg Gram Panchayat has total population of 9107, Jafrabad Gram Panchayat has total population of 9685, Bhamaiya Gram Panchayat has total population of 8070 and Chikhodara Gram Panchayat has total population of 2513 and though there is proposal to include Jafrabad Panchayat in the limits of Godhra Municipality somehow the respondent No.1 has dropped the proposal and not included the Jafrabad Gram Panchayat, which amounts to colorable exercise of powers by the authorities. He has further pointed out that village panchayat has also passed the Resolution dtd. 13/7/2015 by which the Panchayat has opposed the inclusion of the village panchayat in the local limits of the Municipality. He has also pointed out that therefore, impugned action of the respondent authorities is not in accordance with law.