The Notification bifurcating Panchayats complied with legal requirements, affirming that restructuring aligns with constitutional mandates without necessitating Presidential assent as per the relevant Acts.

ORDER :

NEERAJ P. DHOTE, J.

1. Heard finally at the stage of admission with consent of both the sides.

2. By this Writ Petition invoking jurisdiction under article 226 of the Constitution of India, the Petitioners, who are the residents of Village Burudkhe, Taluka Sakri, District Dhule, have raised the challenge to the Notification dated 17^th June, 2022, issued by Respondent No.1 – State Government, constituting the two (2) Panchayats by name Panchmauli and Pinjarzadi.

3. The admitted factual aspects giving rise to the present Writ Petition are as follows :

(I) The Burudkhe Panchayat was constituted on 31^st March, 1959, comprising the Revenue Villages - Burudkhe, Pinjarzadi, Sabarsonda, and Panchmauli, in Sakri Taluka of District Dhule. Subsequently, Village Burudkhe was included in Scheduled Area vide Notifcation dated 2^nd December, 1985, issued by the Ministry of Law and Justice (Legislative Department), New Delhi, under the Scheduled Areas (Maharashtra) Order, 1985. In 2020, the residents of Village Pinjarzadi submitted an Application to Respondent No.4 – Block Development Ofcer, Panchayat Samiti, Sakri to constitute a separate Panchayat for Village Pinjarzadi by excluding it from Burudkhe Panchayat. Pursuant to the said request, the subject was considered in a meeting of Gram Sabha of Burudkhe Panchayat dated 23^rd February, 2020, and it was resolved that, Villages Pinjarzadi and Sabarsonda be excluded from Burudkhe Panchayat for constituting Pinjarzadi Panchayat. The resolution of the Gram Sabha was forwarded to the Respondent No.3 – Chief Executive Ofcer, Zilla Parishad, Dhule for necessary action. The Standing Committee of Dhule Zilla Parishad, in its meeting dated 1^st November, 2021, approved the resolution of Panchayat Burudkhe for excluding Pinjarzadi from Burudkhe Panchayat and for constituting the separate Panchayat for Pinjarzadi. The Respondent No.3 – Chief Executive Ofcer, Zilla Parishad, Dhule forwarded the proposal to the Divisional Commissioner, Nashik Division, Nashik, on 1^st December, 2021, who forwarded the same to Respondent No.1 – State Government. Considering the proposal, impugned Notifcation came to be issued, by which, Burudkhe Panchayat was bifurcated, and two (2) separate Panchayats, namely, Pinjarzadi and Panchmauli came to be constituted. Thereafter, the State Election Commission declared the Elections of various Gram Panchayats. The Elections to the said two (2) Village Panchayats were conducted.

4. It is submitted by the learned Advocate for the Petitioners that, the resolution of Gram Sabha was to exclude the Villages Pinjarzadi and Sabarsonda from Burudkhe Panchayat for constituting the separate Panchayat for Pinjarzadi. However, Respondent No.1 – State constituted two (2) Panchayats by name Pinjarzadi and Panchmauli, and included the Village Burudkhe in the Panchmauli Panchayat, which was contrary to the resolution. The existence of Burudkhe Panchayat, which was in existence since March 1959, was brought to an end. As Burudkhe was declared as the Scheduled Area, it is only with the assent of the President, it could be removed from the Scheduled Area. The Villagers of Village Burudkhe made a representation for making corrections in the Notifcation to restore its earlier identity. The impugned Notifcation be set aside and consequently, the Elections conducted after constitution of the above-referred two (2) Gram Panchayats also be set aside.

5. It is submitted by the learned Assistant Government Pleader that, the impugned Notifcation was issued in consonance with the provisions of law.