BHANUMATIBEN DILAWARSINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed praying inter alia as under:-

(2.) The issue pertains to the decision of the Panchayat to bifurcate a Gram Panchayat, viz. Mahiyal Group Gram Panchayat into two Panchayats, viz. Nava Keshapura Gram Panchayat and Juna Keshapura Gram Panchayat.

(3.) Learned Advocate for the petitioner submitted that essentially, decision to bifurcate a group Gram Panchayat is against wishes of local people who are affected and that such decision has been taken without following the procedure, i.e. to take general public in confidence. In the present case, aspect of the process undertaken for taking decision of bifurcation was not even brought to the knowledge of the villagers of the affected villages. It is the case of the petitioner that respondent No.4-Mahiyal Gropu Gram Panchayat had passed resolution No.68 in meeting dtd. 31/12/2021 which was for the purpose of making representation for bifurcating Mahiyal Group Gram Panchayat. When the aforesaid resolution came to the knowledge to people, the local people vigilantly took up the issue and made representation dtd. 18/1/2022 objecting to resolution No.68 in meeting dtd. 31/12/2021.