RAMAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) On 28/7/2019, a meeting of Gram Sabha, Amb, was held, but no consensus could be arrived at with regard to granting of status of Nagar Panchayat of Gram Panchayat, Amb. However, in August, 2019, an unanimous decision was taken by the members of the Gram Panchayat that Amb Panchayat may be divided into two Gram Sabhas i.e. Gram Sabha, Amb and Gram Sabha, Partap Nagar and the same was approved by majority vide resolution dtd. 23/11/2019.

(2.) On 24/8/2020, a resolution was passed by the Gram Panchayat, Amb, wherein it was again reiterated that Gram Panchayat, Amb, may be divided into two Panchayats in view of consensus already arrived at and the same was forwarded to the respondents. However, respondent No.1 on 25/8/2020 issued a notification inviting objections from the residents of the area and various panchayats to submit their objections/suggestions, if any, to the proposed declaration of Nagar Panchayat, Amb, under the provisions of the H.P. Municipal Act, 1994, (for short 'Act'). Later, vide notification dtd. 27/10/2020, the respondents declared Amb Panchayat as Nagar Panchayat, Amb and aggrieved thereby the petitioner has filed the instant petition for grant of the following substantive relief:

(3.) According to the petitioner, the respondents have not kept in mind the most important fact that the formation or creation of a Nagar Panchayat or Council and any other Municipal Body has to be in consonance with the wish of the majority of the people, who otherwise had only consented to the creation of the Gram Sabhas, as aforesaid. It is further contended that the notification constituting Nagar Panchayat is otherwise illegal as it does not fulfill the pre-requisites as required to form a Nagar Panchayat.