Dr. S. RADHAKRISHNAN, J.:- In all the above Petitions, the issue involved is with regard to the special responsibility cast on the Governor of the State of Maharashtra, with regard to development of Vidharbha area. The present area of Vidharbha was earlier included in the erstwhile state of Madhya Pradesh. The demand for the separate state of Vidharbha was duly endorsed by the then Madhya Pradesh Legislature. This was seen as a conflict with the demand made by the Sanyukta Maharashtra Movement in the erstwhile area of Bombay for the creation of a Marathi speaking State.

2. In furtherance of the proposal of a Linguistic Marathi speaking province, the then leaders of Vidharbha and Western Maharashtra entered into an agreement known as the Akola pact for formation of a federal State. Vidharbha still remained part of the erstwhile Madhya Pradesh. After India gained Independence, a State Re-organization Commission was formed under Mr. Justice Fazal Ali. The leaders of the Sanyukta Maharashtra movement solemnly assured the leaders of the then Vidharbha region and other prominent Marathi speaking regions like Marathwada that if a Marathi State was formed. They would ensure the equitable distribution of the State resources. This assurance was reduced in writing as the "Nagpur Pact" in 1953.

3. The Fazal Ali commission recommended a separate State of Vidharbha in 1955. However, the report also recommended that constitutional recognition could be given to the Nagpur agreement. The members from the other areas of Maharashtra gave full support to this proposal. A new clause was thereafter added to Article 371 of the Constitution of India with the consent of the elected members of the State Legislature.

4. Thus, the erstwhile State of Bombay was formed which included the Vidharbha area. The seventh amendment to the Constitution of India was adopted and passed including Article 371(2) in the Constitution of India in the year 1956.

5. Agitations for a separate State for Gujrat and Vidharbha arose in the period between 1956-1960. The then Chief Minister of the State of Bombay promised to honour the Nagpur agreement before the Legislative Assembly. Vidharbha was given reassurance for implementation of the Nagpur agreement and Article 371 (2) of the Constitution of India.

6. The formation of the present State of Maharashtra took place in the year 1960, and with the passage of time the problem of regional imbalance aggravated to a large extent. Hence, a "Fact finding committee on Regional Imbalances" was formed under the Chairmanship of Dr. V. M. Dandekar to undertake a sectoral study of the backlog in areas like irrigation, technical education, health, roads etc.

7. The Committee found backlog of 38% in irrigation in the Vidharbha region, a backlog of 22.85% in Marathwada region and 39% in the Rest of Maharashtra area. The report of the Dandekar Committee was not accepted by the Government of Maharashtra but the Government allocated special funds for removal of backlog as identified by the said Committee.

S. In the year 1984, a resolution was passed by both the Houses of the State Assembly requesting the President to use his powers under Article 371(2) of the Constitution of India. No action was taken over this resolution and the agitation for separate State of Vidharbha was launched.

9. After a period of 10 years, in 1994 the President of India made an order dated 9th March, 1994 providing for special responsibility of the Governor of Maharashtra for the establishment of separate Development Boards for Vidharbha, Marathwada and the rest of Maharashtra, and for matters specified in subclauses (b) and (c) of Article 371(2) of the Constitution of India.

10. In exercise of the powers conferred by the President's order, the Governor of Maharashtra formed the Development Boards for the aforementioned areas in.J994.

In 1995, the Indicator and Backlog Committee was formed to look into the levels of development in the State and to suggest equitable allo