CHHAYA VYANKATRAO HAJARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and by consent of the learned counsel for the parties the matter is heard finally.

(2.) The petitioners were elected in the Village Panchayat elections held in the year 2008 as Members of the Village Panchayat Kaij for a period of five years. The petitioners pray for issue of a writ of certiorari for quashing and setting aside Notification dated 31-8-2009 issued by respondent No. 1 - the State of Maharashtra, Urban Development Department converting Village Panchayat Kaij into a Nagar Panchayat. The writ petition was filed on 16-9-2009. Notices were issued to the respondents by this Court on 25th September 2009.

(3.) The petitioners contend that on 17th August, 2002 the State Government issued a Government Resolution declaring its intention to convert the Gram Panchayat Kaij into a Nagar Panchayat. Reference was made in the Government Resolution to the provisions of sub-section (3) of section 3 and sub-section (2) of section 6 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and the provisions of section 4(2) of the Bombay Village Panchayats Act, 1958. By a Proclamation dated 17th August, 2002 the Urban Development Department of the State Government invited objections from persons residing in the Village Panchayat area. Reference was made by the Government to the provisions of section 341A read with sub-section (3) of section 3 and sub-sections (1) and (1A) of section 341A of the Maharashtra. Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for short "the Municipal Councils Act"). At Exhibit "C" to the writ petition the petitioners annexed certain Notifications issued under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for short, "the Zilla Parishads Act") which are undated notifications and, according to the petitioners, these notifications which are undated disclose a casual manner in which the respondents State authorities handled the issue of conversion of the Village Gram Panchayat into a Nagar Panchayat. Certain correspondence of the year 2008 between various authorities at the Panchayat Samiti level and the District level in respect of process of conversion of the Gram Panchayat into Nagar Panchayat is placed on record. By a communication dated 5-8-2008 the Chief Executive Officer, Zilla Parishad informed the Sarpanch of the Gram Panchayat to call special meeting of the Gram Sabha in view of the provisions of section 7(1) of the Bombay Village Panchayats Act, 1958 (for short, "the Village Panchayats Act"). A meeting of the Village Panchayat was held on 12-7-2008 and it was decided in the said meeting to cancel the special Gram Sabha called on 13-7-2008 and the proposal of conversion of Gram Panchayat into Nagar Panchayat was also opposed (vide Exhibit "H"). The petitioners had annexed a notification dated 31-8-2009 wherein the Urban Development Department of the State Government forwarded papers of the draft proposal to the Law and Judiciary Department of the Government for further steps. The petitioners allege that the efforts were made in the year 2008 again to call for objections which, according to the petitioners, was a fresh proposal initiated for calling objections for ascertaining the issue of conversion of the Gram Panchayat Kaij into Nagar Panchayat. But in the final notification the State Government observed that against the initial notification of 17th August, 2002 no objections were received from persons residing in the Village Panchayat area. Even reference was made to the Resolution passed by the Village Panchayat, Kaij dated 12-7-2008 in the monthly meeting of the newly constituted Gram Panchayat and, therefore, the State Government decided to issue final notification and accordingly the same was issued specifying the area which would be part of Nagar Panchayat.