BALASAHEB DHONDIRAM JAGDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In all the above Petitions, the issue involved is with regard to the special responsibility cast on the Governor of the State of Maharashtra, with regard to development of Vidharbha area. The present area of Vidharbha was earlier included in the erstwhile state of Madhya Pradesh. The demand for the separate state of Vidharbha was duly endorsed by the then Madhya Pradesh Legislature.This was seen as a conflict with the demand made by the Sanyukta Maharashtra Movement in the erstwhile area of Bombay for the creation of a Marathi speaking state.

(2.) In furtherance of the proposal of a Linguistic Marathi speaking province,the then leaders of Vidharbha and Western Maharashtra entered into an agreement known as the Akola pact for formation of a federal state. Vidharbha still remained part of the erstwhile Madhya Pradesh After India gained Independence, a State Re-organization Commission was formed under Mr.Justice Fazal Ali. The leaders of the Sanyukta Maharashtra movement solemnly assured the leaders of the then Vidharbha region and other prominent Marathi speaking regions like Marathwada that if a Marathi state was formed. They would ensure the equitable distribution of the state resources. This assurance was reduced in writing as the "Nagpur Pact" in 1953.

(3.) The Fazal Ali commission recommended a separate state of Vidharbha in 1955.However, the report also recommended that constitutional recognition could be given to the Nagpur agreement. The members from the other areas of Maharashtra gave full support to this proposal. A new clause was thereafter added to Article 371 of the Constitution of India with the consent of the elected members of the State Legislature.