The State Government cannot convert a municipality into a Panchayat by issuing a notification under Section 4 of the Rajasthan Municipalities Act, 1959 alone. A notification under the Rajasthan Panchayat Act, 1953 is also required.

GUMAN MAL LODHA, J.

( 1 ) THIS is a writ petition filed by a citizen of Mandrela town, Tehsil Chirawa. District Jhunihunu of Rajasthan State. The State of Rajasthan. vide notification D/- the 2nd May, 1976 established the Municipal Board Mandrela which included the area of revenue vil lage of Mandrela and which earlier was a Panchayat. The population of Mand rela town as per 1980 year census is 9,299 and it is said to be having urban oriented complex as there are Government hospitals, private medical elinics. higher secondary and middle schools including primary and adult education centre, private schools, branches of Bank, of Baroda, post offices, telephone ex change office. Junior, Engineer, State ; Electricity Board and water supply offices, etc.

( 2 ) ON 26th June; 1981. a notification was issued under Section 6 (1) of Rajasthan Municipalities Act, 1959 (hereinafter referred to as the Municipalities Act) by the State Government expressing its intention t0 convert the Municipality of Mandrela town into a Panchavat. The residents of Mandrela town objected to it and the petitioner also filed the objections. The case of the petitioner, here, is that no inquiry was conducted and objections were not considered objectively.

( 3 ) ON 1st July. 1982. another notification was issued, which has been published in the Rajasthan Extraordinary Gazette (Part 6k) on 3rd July. 1982. under Section 4 of the Municipalities Act convertina the Mandrela Municipality into a Panchayat. This conversion of Mandrela Municipality into Panchayat has been challenged by the petitioner precisely on the ground that no notification has been issued under the Rajasthan Panchavat Act. 1953 and, therefore, a valid Panchavat cannot come into existence.

( 4 ) ON 18th January. 1983. this case was heard at length and it was pointed out to the learned Advocate-General. Shri N. L. Jain, who appeared in the case, that, prima facie, the case nowhere involves any Question of Panchavat areas inclusion into Municipality nor. there is any case of declaring whole or part of Panchayat circle as Municipality and. therefore, the amendment introduced to Section 4 of the Municipalities Act cannot apply.

( 5 ) THE learned Advocate-General, confronted with the above, wanted to study whether by any other law or amendment in Municipal Law. the impugned notification can be justified.

( 6 ) SECTION 4 (i) of the Municipalities Act reads as under:--

"4. Delimitation of Municipalities.-- (i) Subject to the provisions of Sections. 5 and 6. the State Government may. from time to time, by notification in the official Gazette:-- (a) declare any local area to be a municipality: (b) define the limits of any municipality: (c) include or exclude any area in or from any municipality: (d) otherwise alter the limits of any municipality: (e) declare that any local area shall. from a date to be specified in the notification, cease to be a municipality. "provided that for including in any municipality the whole or a part of a Panchavat circle or for declaring the whole or part of a Panchavat circle as a Municipality, it shall not be necessary to observe and follow the procedure laid down in the Rajasthan Panchayat Act. 1953 (Rajasthan Act XXI of 1953) for excluding the whole or part of any Panchayat circle from any Panchavat or for declaring that any such Panchavat circle has ceased to be a Panchavat notwithstanding anything contained in any judgment or order of any Court. "

( 7 ) A proviso was added to it by Section 2 of the Raj. Municipalities (Second Amendment) Act. 1974 (Raj.) Act No. 21 of 1974) vide notification No. F. 2 (27) Vidhi 74 dated 21st Sept. . 1974 published in Raj Gaz. Extraordinary Part IV-A dt. 21-9-74 at pp. 111 to 122 and came into force w. e. f. 11th May. 1974 when the Rajasthan Ordinance No. 7 of 1974 commenced. This proviso has been reproduced above.

( 8 ) THE learned Advocate-General placed reliance upon the above proviso and submitted that separate notification is