MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the present writ petition, the petitioners have challenged the proposal of the State Government dated 25.9.2019 whereby their village Vishwakarma Nagar is sought to be included in newly proposed Gram Panchayat Jhambhsagar.

(2.) Calling in question the said proposal, Ms. Katoch, learned counsel argued that earlier vide a notification dated 29.7.2019 village Vishwakarma Nagar was proposed to be kept in Gram Panchayat Barjasar; and a six member committee constituted by the respondents had given a categorical report that the village Vishwakarma Nagar be kept in Gram Panchayat Barjasar itself. Notwithstanding the opinion so sent by the sub-committee constituted by the respondents, simply acting at the instance of Member of Legislative Assembly, the State Government has turned down the recommendation of the Collector and on 30.9.2019, issued a fresh proposal keeping village Vishwakarma Nagar in the newly proposed Gram Panchayat namely Jhambhsagar.

(3.) Learned counsel for the petitioner contended that village Vishwakarma Nagar is just adjacent to Gram Panchayat headquarter Barjasar, whereas its distance from newly proposed Gram Panchayat Jhambhsagar is about 8-9 kms. Challenge to such proposal is two fold; firstly such proposal has been mooted by the State Government only under the influence of local MLA. According to learned counsel such action cannot be countenanced inasmuch as Section 101 of the Panchayati Raj Act, 1994 envisages that a Gram Panchayat can be constituted either at the instance of the State Government or at the desire of the local residents. She argued that the local MLA, with a view to serve his cause and political agenda has proposed new Gram Panchayat Jhambhsagar and village Vishwakarma Nagar has been included therein.