UMESH CHANDRA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner challenges the Notification No. 9207, dated the 21st August, 1979 (Annexure-4) by which one Gurjoul-Paharpur Panchayat under Goroul Block has been ordered to be amalgamated with Mahua Block.

(2.) The notification is impeached on the ground that it amounted to the change in the local limits of the Gram Panchayat within the meaning of Section 3 (3) of the Bihar Panchayat Raj Act, 1947, and, therefore, the views of the people of the area concerned should have been ascertained as required by the proviso to the said section.

(3.) There is no substance in this argument inasmuch as by simply transferring a Panchayat as a whole from one Block to another, in my view would not amount to a change in the local limits or the jurisdiction of the Panchayat within the meaning of the Act, inasmuch as the local limits of the Panchayat would change only when its area is changed by either inclusion or exclusion of any village or any Part thereof. It is not disputed that all the three villages which form this Panchayat have not been touched in any way.