FATEH MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present writ petition, petitioners have challenged notification dated 26.11.2019, whereby their Dhanis, part of revenue village Bandha, have been included in Gram Panchayat Asutar, while forming wards of such Gram Panchayat.

(2.) Mr. G.R. Punia, learned Senior Counsel submitted that three dhanis, namely, Kunde ki Dhani, Dhanne Ki Dhani and Jani ki Dhani (Nati Ki Dhani) (sic) are part of revenue village Bandha, which itself is a separate Gram Panchayat, yet by way of impugned notification dated 26.11.2019, respondent No.3 has shown them to be wards of Gram Panchayat Asutar, while treating these dhanis to be part of village Mirwala.

(3.) While inviting Court's attention towards Section 12(2) of the Rajasthan Panchayati Raj Act, 1994, learned Senior Counsel argued that all the villages or dhanis of Panchayat Circle are required to be included in corresponding Gram Panchayat and while determining number of wards or creating constituencies, such villages/dhanis cannot be included in other Gram Panchayat. Having read the relevant provisions and canvassed his point, he submitted that by way of impugned notifications, three dhanis, namely, Kunde ki Dhani, Dhanne ki Dhani and Jani ki Dhani, have been made a part of wards of Gram Panchayat, Asutar, whereas these dhanis fall in revenue village Bandha, which is a separate Gram panchayat and they ought to have been included in Gram Panchayat Bandha.