THUKIVAKAM GRAM PANCHAYAT Vs. DISTRICT COLLECTOR CHITTOOR

JUDGEMENT

(1.) .This Writ Petition would have been disposed of along with Tirumal Chetty Kotiah v. District Co Hector, Since reported in (1968)1 An. W.R. 155. but the learned Government Pleader stated that the facts in this case are different and the judgment in the said batch of Writ Petitions will not govern it. In the other batch what was in issue w?.s merger of the panchayats and whether rules were made under section. 3 (2) of the Gram Panchayat Act. In this case, the learned. Government Pleader contends that there is r.o question of merger of the Panchayats. The par.chayats had. been separately constituted, the validity of which was not questioned. What in fact has happened, subsequent to the constitution of the Panchayats was that a portion of the local area of ore of the panchayat has been, detached and attached to the other. In view of this, the learned Government Pleader cor.ter.ds that our judgment which has held that the constitution of one Special Officer for several par.chayats which have conflicting interests before merging them, and the stereotyped orders of the Collectors and the fact that no rules were framed under section 3 are all improper is not applicable to the facts and circumstances of this case. Mr. Madhava Reddy submits that the rules made by the Government ur.der section 3 are sufficient to deal with cases of exclusion and inclusion of any local area and requirements of those rules have been conformed to; Mr. Choudary, or. the other hand, contends, inter alia (1) that the rules do not govern the case of inclusion end exclusion, and. (2) that the order of the Governrment dismissing his revision petition filed under section 232 of the Gram Panchayat Act, hereinafter called the Act, is not a speaking order which in the view taken by their Lordships of the Supreme Court must be held to be an invalid order. In so far as the first point is concerned, the rules that have been framed show that the exclusion or inclusion has been effected after they have been framed. There is little doubt that the rules ur.der section 3 were framed or. 19th February, 1964 and were published in the Gazette on the 25th while the notification which excluded a local area from Thukivakam Panchayat and included in Renigunta Panchayat was made on 16th March, 1964. It cannot, therefore, be said as was asserted in the affidavit that the rules were made subsequent to the notification. The rules which are said to be inapplicable to the case of exclusion or inclusion of any local area are as follows; " 1. (1) Where any local area comprised in a village is at a distance of two kilometres or less from the village, such area may be excluded from the village and declared to be a village for the purpose of the Act: provided that the population of each of the areas so excluded and of the residuary \illage is not less than one thousand. C2) Where any local area comprised in a village is more than two kilometres from the village, such area may be excluded from the village and declared to be a village for the purposes of the Act: provided that the population of the area so excluded is not less than five hundred and of the residuary village is not less than seven hundred and fifty. (3) In Scheduled Areas, where any local area comprised in a village is more than five kilometres from the village, such area may be excluded from the village and declared to be a village for the purposes of the Act: provided that the population of the area so excluded is not less than three hundred. Explanation: For the purposes of this rule, the expression "Scheduled Areas" means such areas in the State as the President of India has by order declared to be Scheduled Areas.

(2.) Where a local area comprised in a village has a population of less than five hundred but is at a distance of more than two kilometres from that village and another local area comprised in a neighbouring village has a population of less than five hundred but is at a distance of more than two kilometres from the village in which it is comprised and the said local areas are continguous and their combined population is not less than five hundred, the Commissioner may, with the previous approval of the Government, exclude the said local areas from the respective villages in which they are comprised and declare them to be a village lor the purposes of this Act.

(3.) Notwithstanding anything in rules 1 and 2, where a gram panchayat passes an unanimous resolution that a local area comprised in the village shall not be excluded therefrom, the Commissioner, if satisfied, that such resolution is not vitiated by any irregularity impropriety or illegality, shall not exclude such area from the village.