RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) In this writ petition, the petitioners have challenged the order dated October 28, 2009 (Annexure-3) wherein the State Government constituted Panchayat Samiti Baori by including four Gram Panchayats Bapini, Jakhan, Punasar and Kinjari and the said panchayats were excluded from the Panchayat Samiti Osiyan.

(3.) The petitioners are members of Panchayat Samiti Osian and Sarpanchas of Gram Panchayats Bapini, Jakhan, Punasar and Kinjari of District Jodhpur. Earlier the State Government vide order dated 7.8.2009 proposed for constitution of new Panchayat Samitis from 8 Panchayat Samitis of State of Rajasthan including Osiyan Panchayat Samiti. Vide this order the State of Rajasthan authorised the District Collectors of districts mentioned concerned to do the necessary proceedings for changing the limits of the panchayat circles. In pursuance of the order dated 7.8.2009 the District Collector Jodhpur proposed constitution of a new Panchayat Samiti Baori by splitting the area of Panchayat Samiti Osiyan vide order dated 17.8.2009. Along with the order dated 17.8.2009 the proposed area of Panchayat Samiti Osiyan after split and the area of newly constituted Panchayat Samiti Baori has been published by the District Collector Jodhpur. It is mentioned that Gram Panchayats Bapini, Jakhan, Punasar and Kinjari were proposed to be included in the Panchayat Samiti Osiyan. Since majority of the residents of the abovementioned four panchayats want to remain in the area of Panchayat Samiti Osiyan no objection was filed by any of the residents of these panchayats in response to the proposals published by the District Collector Jodhpur vide order dated 17.8.2009. The learned Counsel argued that with the surprise of the residents of all the abovementioned four panchayats the State Government constituted Panchayat Samiti Baori by including these four panchayats in the area of Panchayat Samiti Baori and these four panchayats were excluded from the Panchayat Samiti Osiyan vide Notification dated 28.10.2009. The learned Counsel for the petitioner submitted that the State Government while constituting Panchayat Samiti Baori has not followed the established mandatory procedure as provided under Section 101 of the Rajasthan Panchayati Raj Act, 1994. In this connection learned Counsel placed reliance on Daulat Singh and Ors. v. State of Rajasthan decided on January 21, 2000 D.B. Civil Writ Petition No. 5151 of 1999. The main ground of challenge in the cited case was that no notice was given to the petitioners or even Gram Panchayat concerned before passing the order dated 14.12.1999 and thus there has been violation of the provisions of Section 101 of the Rajasthan Panchayati Raj Act, 1994. The Court observed that the provisions of Section 101 of the Act would show that it confers the powers on the State Government to alter the limits of any Panchayati Raj Act, but this can be exercised "after one month's notice published in the prescribed manner in the official Gazette. The Division Bench held that before exercising the powers, one month's notice has to be issued and has to be published in the prescribed manner. In the reply filed by the respondents, it is urged that the Notification for constitution of new Panchayat Samiti has been issued in the interest of public at large and taking care of the administrative reasons these four Gram panchayats have been included in the Panchayat Samiti Baori. After issuance of the Notification dated 28.10.2009. the District Collector Jodhpur issued public notice and invited objections, if any, on or before 12.11.2009 and after providing opportunity of hearing on the objections, election area of Panchayat Samiti, Baori were published on 30.11.2009. The first phase of the election process vis-a-vis preparation of voter list, publication of the area wise voter lists, inviting objections and hearing thereupon etc. have also been done. It was averred that setting aside the order dated 28.10.2009 at this stage, or for that matter restraining the District Collector from proceeding further in pursuance of the order dated 6.11.2009 would create lot of complications and multiplicity of litigation. These four Panchayats are situated adjacent to Gram Panchayats Tau, Khindakaur and Hatudi, and they have been included in the newly constituted Panchayat Samiti, Baori to keep the newly constituted Panchayat Samiti as a 'Unit. In the reply preliminary objections about the maintainability of the writ petition have also been made.