Conversion of Gram Panchayat to Nagar Panchayat is a legislative function, not requiring consent from the Gram Panchayat, provided statutory processes are followed, ensuring public welfare is prioritized.

JUDGMENT :

Pravin S. Patil, J.

1. Rule. Rule made returnable forthwith. By consent of the learned Counsel for the parties, the matter is taken up for final disposal.

2. By this petition, initially the petitioners seek declaration that there is no need of conversion of Gram Panchayat Yerkheda into Nagar Panchayat. However, during the pendency of the petition, in view of subsequent development, the present petitioners challenged the Government Resolution, dated 04.10.2024 and further seek direction to quash and set aside the final Notification dated 11.02.2025 and consequent order of appointment of Administrator dated 11.02.2025 issued by respondent no.1-Rural Development Department, State of Maharashtra.

3. The brief facts giving rise to the present petition are as under :

The petitioners are the Gram Panchayat Members who hold the post in view of Gram Panchayat Election held in the month of November, 2022. The present petitioner no.1 stated that after the period of 25 years, the scheduled caste candidate was given chance to head the Gram Panchayat and accordingly she is the first lady belonging to scheduled caste category who was elected for the post of Sarpanch. It is further stated that the first meeting of Gram Panchayat was held on 06.01.2023 and accordingly the period of Gram Panchayat commenced for a period of 5 years from 06.01.2023.

4. After taking the charge by petitioner no.1 as a Sarpanch of Gram Panchayat Yerkheda on 11.07.2024, the Gram Panchayat received the communication from respondent no.5 i.e. Block Development Officer, Panchayat Samiti, Kamptee on the subject of conversion of Gram Panchayat Yerkheda into Nagar Panchayat and thereby directed to submit a proposal to his office in that regard.

5. The said communication issued by respondent no.5 was in turn of communication dated 11.07.2024 from the office of Collector as well as from the Chief Executive Officer, Zilla Parishad, Nagpur dated 09.07.2024. Hence, it is the submission of the petitioners that respondent no.3 and 4 are behind the issuance of communication dated 11.07.2024.

6. The petitioners stated that as they were newly elected Gram Panchayat members and their term was yet not completed, after receipt of communication from respondent no.5, immediately meeting of the Gram Panchayat was called on 29.07.2024 and in that meeting, it was unanimously resolved not to convert the Gram Panchayat Yerkheda into Nagar Panchayat. The petitioners further relied upon the resolution of Gram Sabha dated 26.01.2024, wherein it was resolved that till the completion of tenure of newly elected Gram Panchayat members, the Gram Panchayat Yerkheda should not be converted into Nagar Panchayat. On the basis of this resolution, the communication was made with the respondent no.5-Block Development Officer and informed him about the decision of the Gram Panchayat that they are not consenting for conversion of Gram Panchayat into Nagar Panchayat.

7. It is further stated by the petitioners that after making representations to the respondent no.5, there was no response from the respondents and, therefore, petitioners along with the villagers approached to the Collector by tendering their representation dated 09.09.2024 and thereby informed the Collector that in the General Meeting of Zilla Parishad, Nagpur held on 03.08.2024, Zilla Parishad has also taken a decision not to convert the village Gram Panchayat into Nagar Panchayat till the completion of 2½ years period of the Gram Panchayat members.

8. It is further submitted by the petitioners that though there was objection from al