UNCHIDHANAL GROUP GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY filing the present writ petition under art. 226 of the Constitution of India, the petitioners have challenged the validity of the Notification dated 1-10-2007 issued by the respondent No. 1, in exercise of powers under Sec. 7 of the Gujarat Panchayats Act, 1993 ("the Act" for short), whereby, Unchidhanal Group Gram Panchayat has been bifurcated and two villages, namely, Tuver and Veekharan, have been separated from the said group Gram Panchayat by forming a separate Group Gram Panchayat, i. e. Tuver Group Gram Panchayat. During the pendency of the petition, an amendment to the petition has been carried out whereby the petitioners have challenged the orders dated 20-10-2007 and 22-10-2007, appointing an administrator for the newly-formed Group Gram Panchayats.

(2.) THE petitioner No. 1 is Unchidhanal Group Gram Panchayat. The petitioner No. 2 is the Sarpanch of the said Panchayat, the petitioner Nos. 3 to 5 are the residents of village Tuver and the petitioner Nos. 6 and 7 are the residents of village Veekharan, as described in the memorandum of parties.

(3.) BRIEFLY stated, the facts of the case, emerging from a perusal of the averments made in the writ petition are that, Unchidhanal Group Gram Panchayat consisted of a total of four villages, namely Unchidhanal, Kalleka, Tuver and veekharan. It is stated in the petition that village Unchidhanal is the most developed of the four villages comprising the Unchidhanal Group Gram panchayat, having a larger population and higher revenue than the other villages. It is averred in the petition that on 15-3-2005, a proposal was sent to the respondents by a certain section of the people of village Unchidhanal, to separate village Unchidhanal from Unchidhanal Group Gram Panchayat. In response to the said proposal, the respondent No. 1 made certain queries vide communication dated 20-7-2007 addressed to the respondent No. 2 (Development Commissioner), asking for certain information and details regarding the proposal dated 15-3-2005. The averments in the petition reveal that in a Special Meeting of the unchidhanal Group Gram Panchayat, held on 8-8-2007, a Resolution came to be passed stating that village Tuver should be constituted into a separate Gram panchayat. A copy of the Resolution No. 5 dated 8-8-2007 is annexed as annexure-C to the petition. As per the averments made in the petition, the local people at large were not satisfied by the proposal for bifurcation of the gram Panchayat and raised their grievances by making various representations objecting against the proposed bifurcation, to the concerned authorities, by pointing out administrative inconveniences and geographical reasons. The copies of the representations are annexed as Annexure-D collectively, to the petition. It is further averred that subsequently, another Resolution i. e. Resolution No. 4 came to be passed by Unchidhanal Group Gram Panchayat on 17-8-2007, wherein, it was resolved to postpone the bifurcation of the Panchayat for a period of two years. A copy of this Resolution is annexed as Annexure-E to the petition. However, the respondent No. 1, exercising powers under Sec. 7 of the Act, issued notification dated 1-10-2007 whereby, villages Tuver and veekharan came to be separated from Unchidhanal Group Gram Panchayat by forming another Group Gram Panchayat, i. e. Tuver Group Gram Panchayat. A copy of the notification dated 1-10-2007 is annexed as Annexure-A to the petition. Consequent upon the issuance of Notification dated 1-10-2007, the respondents have appointed an Administrator vide order dated 20-10-2007, for unchidhanal Group Gram Panchayat and the newly-formed Tuver Group Gram panchayat, and further, by order dated 22-10-2007, the Administrator has been directed to take charge as such. The copies of the abovementioned orders are annexed as Annexure-H collectively. Being aggrieved by the issuance of notification dated 1-10-2007 and orders dated 20-10-2007 and 22-10-2007, the petitioners have filed the present writ petition.