RATAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of Writ Petition No. 483 / 2019 are narrated hereunder.

(2.) The petitioners before this Court are Sarpanchas of various villages in Tehsil Kukshi, Distt. Dhar and they have filed this present writ petition being aggrieved by the Notification dated 29/9/2018 which is in respect of formation of Nagar Panchayat, Baag. The contention of the petitioners is that they came to know about the news published in Newspaper that Baag has been declared as Nagar Panchayat in the District Dhar, Tehsil Kukshi and they immediately applied under the Right to Information Act in respect of the proceedings which have taken place in formation of village Baag as Nagar Panchayat. The information was furnished to the petitioner No.1 on 29/9/2018 and the contention of the petitioner is that the procedure prescribed for declaring Baag as Nagar Parishad has not been followed and only on the basis of announcement made by the Chief Minister, Nagar Panchayat has been constituted. The petitioner has raised various grounds before this Court and their contention is that the impugned Notification is unreasonable, unfair, arbitrary and violative of the rights guaranteed to the petitioner under Article 14 and 16 of the Constitution of India and the same deserves to be quashed, as the prescribed procedure, as provided u/Ss. 5 and 6 of the Municipalities Act, 1961 has not been followed. The petitioners have prayed for the following reliefs :

(3.) A reply has been filed in the matter and the respondents have stated that by Notification dated 29/9/2018, the State Government has declared its intention to form a Nagar Panchayat and the Notification is nothing but a Notification issued under the provision of Sec.5 of the Municipalities Act, 1961 and the entire area of the aforesaid Gram Panchayats has been specified as transitional area of Nagar Parishad Baag and for that the transitional area of Nagar Parishad is yet to be constituted under the provisions of the M. P. Municipalities Act. The respondents have also stated that the issue of being a separate Notification for declaration of an area as an transitional area, as per proviso of Sec.5 is no more res-integra and this Court by order dated 16/03/2012 passed in W.P.No. 910/2012 (Gram Panchayat Padlyakhurd Vs. State of Madhya Pradesh and others) has held that in respect of similar Notification dated 14/11/2011, by which the Gram Panchayat Karai and Padlyakhurd were notified as Nagar Parishad, Karai and Padlyakhurd, there is no such requirement of issuing a separate Notification declaring an area as transitional area and the Notification specifying intention to constitute Nagar Parishad, as per Sec. 5(1) will be sufficient for the purpose. Respondents have also relied upon Article 243(Q) of the Constitution of India and it has been stated that vide Notification dated 29/9/2018 the area coming under the Gram Panchayats Baag, Jamanyapura, Mahakalpura, Agar, Nimakheda and Banada are the transitional area. It has been further stated that now proceedings will be initiated as per Sec. 29 of the Municipalities Act and also as per the Rules framed thereunder for delimitation of wards and formation of constitution of fresh Nagar Panchayat. Respondents have also stated that new Nagar Panchayat could not have been constituted by the State because the tenure of the existing Gram Panchayat was still subsisting. The respondents have stated that they will be proceeding strictly in accordance with law in the matter.