SUMIT NAMDEORAO PATIL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has challenged the notification dated 23.02.2015 published by respondent no.01 - State for conversion of Village Panchayat, Sakri, into Nagar Panchayat, Sakri, District Dhule, and prayed that the said notification be declared as illegal, arbitrary, violative of Articles 14 & 243-Q of the Constitution of India and also under Section 341-A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 [For short, hereinafter referred to as "Act of 1965"].

(2.) The factual matrix leading to the petition are that the petitioner is the resident of ward no.05 of village Sakri. Earlier there was Village Panchayat for the said village. However, respondent no.01 - State has taken conscious decision to convert the same into Nagar Panchayat. He states that for conversion of Village Panchayats into transitional area, mandatory procedure as contemplated under Section 341A of the Act of 1965 has to be scrupulously followed. The power in that regard flows from Article 243Q of the Constitution of India. A meeting of the Gram Sabha was convened on 01.05.2014 to discuss the subject of conversion of Village Panchayat into Nagar Panchayat. Copies of proclamation in Marathi were not published in local newspaper and, therefore, the objections could not be raised before the competent authority i.e. the Collector. Consequent to that, Collector had not forwarded those objections to the State Government and, therefore, the State Government had no opportunity to apply its mind. Under such circumstances, the villagers of Sakri have been put to great hardship and jeopardy.

(3.) It is further contention of the petitioner, that a draft notification disclosing intention of the State to convert the Village Panchayat into Nagar Panchayat in respect of Sakri village was published on 01-03-2014. However, pursuant to Section 341A of the Act of 1965, said draft notification ought to have been published in one of the newspapers having wide circulation in the area to be specified in the final notification and further inviting objections within a period of 30 days from the date of such notification. The said rule is mandatory. This rule has not been followed. Therefore, the said notification is illegal. Hence, the writ petition.