BHUPENDRA PRATAP SINGH RATHORE Vs. STATE OF RAJ.

JUDGEMENT

(1.) Instant bunch of writ petitions involves a common issue and question of law, therefore, are being considered and decided by this common order.

(2.) In this bunch of writ petitions, the petitioners have primarily called in question constitution/reconstitution/delimitation of the respective Panchayat areas; formation of Panchayati Raj Institutions; change of headquarters of Gram Panchayats; and amalgamation & alteration of respective Panchayat areas on the ground that such action/steps have been taken in contravention of the guidelines issued by the State of Rajasthan, Department of Panchayati Raj and the circulars issued by the State Government u/S.101 of the Rajasthan Panchayati Raj Act, 1994 dt.11.07.2014 read with dt.21.07.2014 & dt.12.09.2014, have not been complied with in true spirit and after going through the procedure provided under the scheme of Act, 1994 and the process of constitution/reconstitution/delimitation of the Panchayati Raj Institutions being finalized by the State Government, the Notification issued u/S.101 of the Act, 1994 and published in the official gazette dt.05.11.2014 is constitutionally invalid and deserves to be quashed and set aside.

(3.) The facts in brief which are relevant for the present purpose and for disposal of the instant bunch of writ petitions are that the process of delimitation lastly took place in the State of Rajasthan, as referred to by the respondents in their reply, way back in the year 1994 and thereafter, due to various reasons, delimitation of Panchayati Raj Institutions became inevitable and on account of increase in population, pursuant to publication of census figures i.e. Census-2011, it was decided by the State Government, Department of Panchayati Raj to undertake fresh delimitation exercise of the Panchayat areas by issuing a notification dt.02.06.2014 whereby District Collectors of the concerned Districts were delegated the powers to initiate process u/Ss.9, 10 & 101 of the Act, 1994 and pursuant thereto, vide circular dt.11.07.2014, the District Collectors were authorized for re-constituting/constituting Panchayat boundaries of the Panchayat Samitis and in continuation thereof a further clarification was issued clarifying the parameters/guidelines vide another circular dt.21.07.2014 and instructions were issued by the State Government to all the District Collectors to consider various inputs and published the draft of proposed changes with regard to constitution/re-constitution of Panchayati Raj Institutions inviting objections, if any, and proceeding upon the instructions and submit their recommendations to the State Government through Divisional Commissioner concerned. All the objections so received within the prescribed time period, as alleged, were considered and deliberated upon by the District Collectors and the matters were thereafter submitted to the State Government through Divisional Commissioner concerned and that were examined by the State Government through a committee of three Cabinet Ministers and after going through the recommendations, the process of delimitation was finalized by the State Government and the notification, as required u/S.101 of the Act, 1994, came to be published in the official gazette dt.05.11.2014.