BHAIYALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition filed by the petitioners challenging an order passed by the Collector, Narsinghpur on 12-3-1983 disallowing objections to the notification issued by the Collector about the constitution of a Panchayat and fixing its boundaries.

(2.) According to the petitioners, the Collector, Narsinghpur published, a notice under Section 120 of the Panchayat Act on 27-2-1983 proposing to alter the constitution of Jhanjhankheda and Nandner Gram Panchayats. By this notice, it was proposed to exclude village Bankhedi from the Gram Panchayat Jhanjhankheda and to include that village in Gram Panchayat Nandner. It is further alleged that Panchas of Gram Panchayat Jhanjhankheda who were residing at Jhanjhankheda and Bankhedi objected to this proposal in writing and this objection is said to be D/- 5-3-1983 and it was alleged in this objection that 5 years back, a separate Gram Panchayat for Jhanjhankheda was established. It is also alleged that Gram Panchayat, Nandner also passed a resolution on 33-1983 opposing the inclusion of village Bankhedi in Gram Panchayat, Nandner and this resolution also was submitted to the Collector as an objection. It is alleged that the Collector, Narsinghpur passed an order ruling out these objections and constituting the Panchayats as indicated in the notice by his orders dated 12-3-1983 and it is alleged by the petitioner that in this order, there are no reasons stated as to why these objections were overruled and this order is, therefore, challenged in this petition.

(3.) It is alleged that the petitioners are residents of village Bankhedi and Jhanjhankheda and. therefore they are persons affected by this order passed by the Collector. It is also alleged that after this order passed by the Collector, a programme of election was notified and it appears that the elections have also been concluded.