GRAM PANCHAYAT Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner before this Court, Gram Panchayat, has filed this present writ petition being aggrieved by the action of respondent State in issuing the Notification dt. 30/12/2012 by which the Gram Panchayat Meghnagar, Distt. Jhabua has been dissolved and the area has been included under the Municipal Council, Meghnagar. Petitioner has raised various grounds before this court and his contention is that the respondents have not followed the prescribed procedure as provided u/S. 5 and 5A of the M.P. Municipalities Act, 1961. At the outset, learned counsel for the petitioner has argued before this court that the controversy involved in the present case stands concluded by a judgment delivered in the case of Gram Panchayat, Padlyakhurd and others Vs. State of Madhya Pradesh and others (WP No. 910 / 2012), decided on 16/3/2012.

(2.) A reply has been filed in the matter and the stand of the respondent State is that the impugned Notification has been issued by the Collector dissolving the Gram Panchayat on 30/12/2011 after following the prescribed procedure in terms of Sec. 5 of the Municipalities Act, 1961 the Gram Panchayat has rightly been dissolved. However, the respondents have not filed nor brought to the notice of this Court any Notification issued u/S. 5A of the Act of 1961 except for making a bald statement in the return. An intervention application has also been filed and it has been stated that the prescribed procedure has been followed, however, again along with intervention application there is no such Notification by which objections were invited at any point of time before dissolving the Gram Panchayat. An objection has also been raised by the learned counsel for the intervenor that the petition by the Gram Panchayat is not maintainable in the light of the judgment delivered by this court in the case of Gram Panchayat, Bamrol Vs. Jagdish Singh Rawat, 2008 3 MPLJ 127 as no resolution has been enclosed along with the writ petition.

(3.) Learned counsel for the petitioner, to the objection raised by the intervenor, has argued before this court that a resolution was certainly passed and as the entire record has been seized by the State Government, the petitioner was not in a position to enclose the resolution, however, they have filed documents on 19/4/12 and the same has been signed by all the panchas by which Mr. Suleman, Dy. Sarpanch has been empowered to file this present writ petition on behalf of the Gram Panchayat and, therefore, the objection raised by the intervenor stands over ruled.