MUSHE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We have heard learned counsel appearing for petitioners, learned Advocate General for the State of Rajasthan and learned counsel appearing for the Rajasthan State Election Commission.

(2.) All the above numbered writ petitions with D.B. Civil Writ Petition No. 8157/2014 (Mushe Khan & anr. v. State of Rajasthan & ors.) as leading writ petition were filed before learned Single Judge challenging the Notification dated 5.11.2014 issued under the signatures of the Commissioner and Secretary, Gramin Vikas and Panchayati Raj (Panchayati Raj Department), Government of Rajasthan, Jaipur, by which the State Government had notified the alteration in the limits of Panchayats for which the concerned District Collectors were authorized under the Notification dated 2.6.2014 in exercise of the powers under section 98 of the Rajasthan Panchayati Raj Act, 1994 (for short, "the Act of 1994") for reconstitution, de-limitation and creation of village Panchayats and Panchayat Samitis under sections 9, 10 and 101 of the Act of 1994. The District Collectors were authorized under sections 9, 10 and 101 of the Act of 1994 to examine the proposals and recommendations and to get them approved from the Divisional Commissioners before forwarding them to the State Government. In pursuance to the exercise carried out by the Districts Collectors under the powers vested in them by Notification dated 2.6.2014, they had by the impugned Notification dated 5.11.2014, reconstituted, de-limited and created the Panchayats in the Schedule given in the Notifications, giving the names of such re-constituted, delimited and newly created Panchayats in column No. 4, giving the names of the villages included in such village Panchayats in Column No. 5, with directions to complete the election process within six months and with further directions that after the elections are held, those Panchayats, which are named in column No. 2 will stop functioning and the village Panchayats named in column No. 4, will start functioning.

(3.) In some of the writ petitions, learned Single Judge passed an interim order as follows:--