LAWS(JHAR)-2011-2-151

BIRSA MUNDA Vs. STATE OF JHARKHAND AND ORS.

Decided On February 15, 2011
Birsa Munda Appellant
V/S
State Of Jharkhand And Ors. Respondents

JUDGEMENT

(1.) MR . Banerjee, learned Counsel appearing for the Petitioner submitted that the grievance of the Petitioner in this writ petition is that two Blocks of two Panchayats of eastern Latehar Zila Parishad were amalgamated with western part and two parts of western part were amalgamated in eastern part without considering the objection of the concerned people as required under Section 159 of the Panchayat Raj Act, 2001.

(2.) MR . Gadodia, learned Counsel was requested on the last occasion to assist the Court. He submitted that Section 159 of the Panchayat Raj Act, 2001, is not applicable in this case as two Panchayats have been interchanged between eastern and western part of the same Zila Parishad and there is no changes as provided under Section 159 so far as the limit and local area of Panchayat is concerned. He further submitted that only for the administrative convenience such changes were made, which is in consonance of Rule 6 of the Jharkhand Panchayat Election Rule, 2001. He lastly submitted that it is not known how the Petitioner is said to be aggrieved by the said changes.

(3.) I find force in the submissions of the learned Counsel for the Respondents that the Petitioner cannot complain about the interchanging of two panchayat between eastern and western part of the same Zila Parishad, Latehar. The people of those panchayats are well represented as provided under the relevant rule.