PRANAY GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE Collectors of 48 districts in the State . of Madhya Pradesh issued notifications dated 3.7.2004 under section 125 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 ('the Act', for short) proposing to (a) change the headquarters of Gram Panchayats; (b) alter the limits of Gram Panchayat area; (c) amalgamate two or more Gram Panchayat areas and form one Gram Panchayat area in their place; and (d) split a Gram Panchayat area and form two or more Gram Panchayats in its place, in their respective districts and inviting objections and suggestions in regard to the said proposals. The notifications stated that objections/suggestions received by 8.7.2004 in response to the notifications will be considered by the authorised authority on 9.7.2004. The said notifications dated 3.7.2004 were published in the M.P. State Gazette dated 9.7.2004. The said proposal notifications were followed by final notifications dated 12.7.2004 issued under section 125(1) of the Act (gazetted on 16.7.2004) in regard to each district, effecting change of headquarters and amalgamating/altering of Panchayat areas.

(2.) THE petitioner contends that the proposal notification dated 3.7.2004 fixing the last date for filing objections/suggestions as 8.7.2004, published in the State Gazette on 9.7.2004 is void ab initio being violative of the mandatory requirements of section 125 of the Act and rule 3 of the M.P. Panchayat (Alteration of Limits, Disestablishment or Change of Headquarters) Rules, 1994 ('Alteration Rules', for short). The petitioner, a practising Advocate of Jabalpur therefore filed this Public Interest Petition on 26.8.2004 seeking a direction to the State of M.P. and 48 District Collectors (respondents 3 to 30) to reinitiate the process of inviting objections/suggestions from public in regard to change of headquarters, amalgamation/alteration of Panchayat areas by issuing fresh notifications granting reasonable time to the public for preparation and filing of their objections/suggestions before the prescribed authority. Subsequently, he added a prayer for quashing notification dated 3.7.2004 (gazetted on 9.7.2004) proposing delimitation/amalgamation and the final notification dated 12.7.2004 (gazetted on 16.7.2004) declaring the delimitation/amalgamation. The petitioner has produced the copy of only one of the proposal notification dated 3.7.2004 (relating to District Harda) and stated that similar notifications have been issued in regard to the other districts.

(3.) WHEN the statute provides that the proposals should be published in the Gazette inviting suggestions and objections, it follows that the publication of the proposal notification in the M.P. Gazette should be a publication, which effectively invites suggestions/objections, and which enables the affected persons to make suggestions/objections, so that they can be considered by the Authority who makes the proposals. If, for example, a notification is published in the Gazette stating that the Authorised Authority proposes to change the headquarters of a Gram Panchayat, but does not invite suggestions and objections and does not specify any time limit within which the objections/suggestions can be made, and thereafter proceeds to issue a notification changing the headquarters, such proposal notification will not be in compliance with the Proviso to sub -section (1) of section 125 of the .Act. Similarly, if a notification is printed and published on a particular date, proposing to change the headquarters of a Gram Panchayat, and stating that objections/suggestions may be made by a date specified, which is prior to the date of such publication, it will not' a valid publication at all. The proposal notification inviting suggestions and objections for consideration, to be a valid one, shall have to fulfill with the following requirements: