Point of Law: State Government would thereafter consider the recommendation, and, in its discretion make a decision under Section 7(2) of the Act.

JUDGMENT :

1. Heard learned Senior Advocate Mr. P.K. Jani assisted by learned advocate Mr. Jigar J. Gadhavi, learned advocate Mr. Tejas Satta for the applicants in Civil Application no.1 of 2020, learned advocate Mr. Sejal Mandavia for the respondent no.2 and learned Assistant Government Pleader Mr. K.M. Antani for the respondent nos.1 and 3.

2. The petitioners have challenged the Notification dated 19th November, 2019 issued by the respondent – State in exercise of powers provided in Clause(g) of Article 243Q of the Constitution of India read with Section – 7 of the Gujarat Panchayats Act, 1993 (for short ‘the Act, 1993') by excluding certain local areas shown in column no.5 of the Notification from the local areas of the existing Balol Gram Panchayat of Taluka - District Mehsana shown in column no.3 of the Schedule and new Gram Panchayat viz. Laxmipura/(Balol) Gram Panchayat is constituted.

3. Thus, Balol village is bifurcated into two village Panchayats. After the election of the Gram Panchayat of village Balol in 2017, the first meeting of the Gram Panchayat had taken place on 9th May, 2017. During the second meeting dated 17th May, 2017 a resolution was passed by the Balol Gram Panchayat to bifurcate the village panchayat Balol village into two village panchayats i.e. Balol Gram Panchayat and Laxmipura Gram Panchayat.

3.1) The resolution dated 17th May, 2017 was forwarded to the respondent authorities. The District Development Officer made a proposal on 19th March, 2018 for division of Balol Gram Panchayat. On 20th March, 2018 the District Panchayat passed unanimous resolution passed on the basis of the proposal of the Balol Gram Panchayat for bifurcation. The District Development Officer by letter dated 12th October, 2018 sent all the record to the Development Commissioner for appropriate action.

3.2) The Development Commissioner by letter dated 26th October, 2018 returned the proposal stating that the resolution for the purpose of division of the Gram Panchayat is passed contrary to the Government Resolution dated 16th May, 2001 which provides that division of Gram Panchayat can be initiated only after the period of one year from the date on which the election gets over. As the resolution dated 17th May, 2017 was passed within the period of one year from the date of last election, fresh resolution to be passed by the Gram Panchayat was called for after one year of the date of last election. The office of the Development Commissioner further called for the declarations of the Sarpanch and members of the village Panchayat for their willingness to relinquish their posts as members of the Gram Panchayat and as the Sarpanch of the Balol Gram Panchayat.

3.3) On receipt of the letter from the Development Commissioner, the DDO by letter dated 29th October, 2018 informed the Taluka Development Officer that fresh resolution after the period of one year from the date of last election of the Gram Panchayat be called for bifurcation of Balol Gram Panchayat.

3.4) The Taluka Development Officer in turn by letter dated 1st November, 2018 informed the Sarpanch of the Balol Gram Panchayat to forward the resolution of the Gram Panchayat proposing to bifurcate the Balol Gram Panchayat into two different Gram Panchayats after the period of one year of last date of election of the village. It was also informed by the Taluka Development Officer that the declaration and willingness of Sarpanch and members to give-up their posts was also sought for in the form of declaration and undertakings.

3.5) It appears that on the basis of the letter of the Taluka Development Officer meeting of the Balol Gram Panchayat was convened on 8th January, 2019 wherein the members by majority votes did not opt for handing over the posts as Sarpanch and member of the Gram Panchayat and they did not agree to pass resolution for bifurcation of the Balol Gram Panchayat.

3.6) The Balol Gram Panchayat by letter dated 30th January, 2019 informed the Taluka Development Officer th