Point of Law: It is not possible to hold that there is no consultation by which there is a violation of Section 7(2) of the Act.

ORDER :

1. By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-

“8(A) Be pleased to admit and allow this Special Civil Application;

(B) Be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, to the Respondent Authorities by quashing and setting the bifurcation notification dated 30.06.2020 (Annexure-A);

(C) Be pleased to issue a writ of certiorari or any other appropriate, writ order or direction, to the Respondent Authorities by quashing and setting aside the order dated 10.07.2020 (Annexure-B);

(D) Pending, admission and final hearing be pleased to stay execution and implementation of the steps and process of the order dated 30.06.2020 (Annexure-A);

(E) Pending admission and final hearing be pleased to stay execution and implementation of the steps and process of the Order dated 10.07.2020 (Annexure-B);

(F) Grant ad-interim reliefs in terms of prayer clauses (D) & (E)’

(G) Your Lordship be pleased to grant such other and further reliefs as deemed fit in the interest of justice.”

2. The case of the petitioner is that respondent no. 1 has issued Notification dated 30.06.2020 by virtue of which Maghasar Gram Panchayat has been bifurcated into two new Gram Panchayats namely Maghasar Gram Panchayat and Gate Muvala Gram Panchayat and consequently issued Notification on 10.07.2020 for appointing Administrator to take charge of Maghasar Gram Panchayat. According to the petitioner, on 30.10.2018, the Gram Sabha of Maghasar Gram Panchayat purportedly passed a Resolution to bifurcate Maghasar Gram Panchayat into two separate Gram Panchayats as stated above, which was moved with the signature of respondent no. 5 having no authority. It is the case of the petitioner that neither any meeting of Gram Sabha was held on 30.10.2018 nor any Resolution to bifurcate is passed to that effect. This information is received by the petitioner through Right to Information application dated 19.08.2018, whereby respondent no. 5 has admitted that on 13.10.2018, no such Resolution came to be passed.

2.1. The petitioner has further stated that on 21.12.2018, Maghasar Gram Panchayat received an application from the resident of Gate Muvala village requesting not to bifurcate Maghasar Gram Panchayat. Considering the said application, a Resolution came to be passed on 28.12.2018 in the General Meeting held by the Panchayat, Thereafter on 15.12.2018, respondent no. 5 according to the petitioner forwarded fraudulently the application to respondent no. 4 requesting to bifurcate Maghasar Gram Panchayat and same in turn was forwarded to respondent no. 3. Thereafter on 15.02.2019, respondent no. 3 vide his letter intimated to respondent no. 4 about several defects from the said application and called upon respondent no. 4 to provide justification for the said defects. According to the petitioner, on 15.12.2018, Halol Taluka Panchayat in Special General Meeting presided over by the leader, passed Resolution to forwarded proposal for bifurcation of Maghasar Gram Panchayat to the District Panchayat and aggrieved by the said order, the petitioner filed Special Civil Application No. 4897 of 2019 before this Court, challenging the said Resolution dated 15.12.2019. Simultaneously, another Special Civil Application No. 8461 of 2020 also came to be filed, based upon such averments, the Court was pleased to issue notice upon the authority, but on account of technical defects about maintainability of the petition, the said petition was withdrawn by the petitioner and while disposal of the said petition, liberty was granted to the petitioner to file a fresh petition in her individual capacity with all rights and contentions kept open, it is under this circumstance, the present petition is brought before the Court. Pursuant to the notice having been issued on 07.04.2021 by the co-ordinate Bench of this Court, an affidavit-in-reply as well as rejoinder is filed and since the plea