( 1 ) THESE two matters are placed before this Larger Bench, by virtue of an order passed by Honble the Acting Chief Justice, on 19th June, 2003, following an order passed by the learned Single Judge of this Court, on 8th October, 2001 in these matters, referring the matters to Division Bench / Larger Bench.

( 2 ) THESE petitions are filed under Articles 226 and 227 of the Constitution of India for a Writ of mandamus or direction for quashing and setting aside Notification dated 3rd April,2001, issued by the State of Gujarat under Section 7 of the Gujarat Panchayat Act,1993 (hereinafter referred to as "the New Act" ). Under the said Notification, the State Government excluded the local area of Govindpura from existing area of Veda Gram Panchayat. By the said Notification, the State Government created new areas of Veda and Govindpura Gram Panchayatas comprising of local areas of Veda (Revenue Village) and Govindpura (Petapara ). A challenge is also made to Notification dated 16th April,2001 issued by the District Development Officer, Gandhinagar, by which the Government has deprived Veda (Govindpura Gram Panchayat) and Kalol Taluka of Gandhinagar District and created Veda and Govindpura, two separate Villages and also appointed Administrator.

( 3 ) IN order that the points under Reference and the contentions in Reference thereto can be better appreciated, certain facts in backdrop of which issues have arisen, need to be stated :3. 1 the State of Gujarat issued a Notification on 23rd May,1984 in exercise of powers under Section 9 of the Gujarat Panchayat Act,1961 ( hereinafter referred to as "the Old Act") of which the area covered by Govindpura was excluded from Veda Gram Panchayat and a separate Gram Panchayat was declared in respect of the excluded area of Govindpura. This resulted into filing of Special Civil Application No. 3322 of 1984 before this Court by Veda Gram Panchayat challenging the said Notification. The said petition was rejected by learned Single Judge of this Court by order dated 5th July,1984. Aggrieved by the said order, Letters Patent Appeal No. 290 of 1984 was preferred and the Division Bench of this Court dismissed the said Letters Patent Appeal by order dated 20th July,1984. While dismissing the Letters Patent Appeal, the Division Bench observed that, "the Panchayat can bring their grievances or complaints before the Competent Authority and there is nothing in law or logic to take away their right to re-consider the above decision". 3. 2 thereafter, the Development Commissioner passed an order on 24th October,1984, by which, it was held that earlier division of the Group Panchayat into two Panchayats required re-consideration and the bifurcation of these two Panchayats should not be made, and these two villages should continue to be governed by the common Group Panchayat and enjoy common set of facilities jointly as was the case in past. Being aggrieved by the said Notification, resident of Village Govindpura preferred Special Civil Application No. 5539 of 1984 in this Court, where learned Single Judge rejected the said petition by order dated 29th January,1985. The Letters Patent Appeal bearing No. 46 of 1985 was preferred against that order, which was also dismissed vide order dated 14th February,1985. 3. 3 thus, the decision of the Government to bifurcate the area taken and effected earlier was challenged on judicial side and the decision was upheld. However, the said decision was reviewed subsequently and bifurcation was cancelled. That decision was also challenged on judicial side and that was also not entertained and confirmed by the Court, and both the Panchayats continued as a Group Panchayats till 1996. When in the year 1996, the State Government consulted the Gram Panchayats on 1. 1. 1996, 9. 1. 1996 and 7. 3. 1996 and thereafter, the State Government by order dated 9th October,1998 decided not to bifurcate Veda Gram Panchayat and informed the Development Commissioner in this beha