ASHOK GANAPAT JADHAV Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) THIS petition, filed under Article 226 of the Constitution of India, takes exception to the communication dated 10th and 16th May, 2000 addressed by the Tahsildar, (on behalf of the State Election Commission) to the petitioner regarding the division of the Kharoli Grampanchayat into two different Grampanchayats viz. Kharoli Grampanchayat and Kalij Grampanchayat in Taluka Mahad, District Raigad.

(2.) ON 22nd March, 2000 the Election programme for the Village Panchayat elections was declared by the State Election Commission as required under section 11 of the Bombay Village Panchayat Act, 1958 (The V. P. Act for short ). The earlier tenure of the Kharoli Group Grampanchayat was to expire on 4th September, 2000. However, on 2nd May, 2000 the Tahsildar addressed a letter to the Gramsevak of Kharoli informing him to hold elections for the Kharoli Group Grampanchayat, whereas by the impugned communication he informed that the earlier decision to hold elections for the Group Grampanchayat will have to be stayed in view of the decision taken by the Rural and Irrigation Department of the Government of Maharashtra on 8th May, 2000 and fresh elections will be announced for two different Village Panchayats separately.

(3.) IT has been contended by the petitioners that the decision of the Government to bifurcate the Group Grampanchayat and forming separate Grampanchayats for Kharoli and Kalij is bad in law inasmuch as there was no prior consultation with the Zilla Parishad, Raigad, Village Panchayat, Kharoli and no hearing was given to the villagers before the said decision was taken by the State Government. It is further contended that the procedure adopted while bifurcating the Group Grampanchayat into two separate Grampanchayats is contrary to the law laid down by the Apex Court in the case of (State of U. P. and others etc. v. Pradhan Sangh Kshettra Samiti and others etc.), A. I. R. 1995 S. C. 1512.