1994 Supreme(Raj) 1014
RAJASTHAN HIGH COURT
Rajendra Saxena, J.
Mod Singh and others - Appellant
Versus
State of Rajasthan and another - Respondent
S.B. Civil Writ Petition No. 6132 of 1992.
Decided On : 23-12-1994
The establishment, reconstitution, and re-delimitation of panchayat circles is a legislative function and the principles of natural justice do not apply.
Headnote:
Writ petitions challenging the notification issued by the State Government in exercise of its powers under Sections 3, 4, 70, 86 and 87 (2) of the Rajasthan Panchayat Act, 1953 (the Act) establishing, constituting, re-constituting, re-delimiting various panchayat circles situated in Banswara, Bhilwara, Barmer, Chittorgarh, Churu, Dungarpur, Gangarragar, Jaisalmer, Jalore, Jodhpur, Nagaur, Pali, Rajsamand and Udaipur districts. Petitioners contended that the impugned notifications were issued without affording them an opportunity of hearing and were arbitrary, unfair and unreasonable, violating the principles of natural justice and Article 14 of the Constitution. The Court held that the establishment, reconstitution, and re-delimitation of panchayat circles is a legislative function and the principles of natural justice do not apply. The Court further held that the State Government had complied with the provisions of the Act and the Rules and that the impugned notifications were not arbitrary or unreasonable. The Court dismissed the writ petitions.
Fact of the Case:
The State Government issued a notification establishing, constituting, re-constituting, and re-delimiting various panchayat circles in Banswara, Bhilwara, Barmer, Chittorgarh, Churu, Dungarpur, Gangarragar, Jaisalmer, Jalore, Jodhpur, Nagaur, Pali, Rajsamand, and Udaipur districts. Petitioners, representing various villages, ex-sarpanchas, and ex-ward panchas, challenged the notification, alleging that they were not given an opportunity to be heard, that the impugned notifications were arbitrary, unfair, and unreasonable, and that they violated the principles of natural justice and Article 14 of the Constitution.
Finding of the Court:
The Court held that the establishment, reconstitution, and re-delimitation of panchayat circles is a legislative function and the principles of natural justice do not apply. The Court further held that the State Government had complied with the provisions of the Act and the Rules and that the impugned notifications were not arbitrary or unreasonable.
Issues: 1. Whether the establishment, reconstitution, and re-delimitation of panchayat circles is a legislative function or an administrative function? 2. Whether the principles of natural justice apply to the establishment, reconstitution, and re-delimitation of panchayat circles? 3. Whether the State Government complied with the provisions of the Act and the Rules in issuing the impugned notifications? 4. Whether the impugned notifications were arbitrary, unfair, or unreasonable?
Ratio Decidendi: 1. The establishment, reconstitution, and re-delimitation of panchayat circles is a legislative function. 2. The principles of natural justice do not apply to the establishment, reconstitution, and re-delimitation of panchayat circles. 3. The State Government complied with the provisions of the Act and the Rules in issuing the impugned notifications. 4. The impugned notifications were not arbitrary, unfair, or unreasonable.
Final Decision: The Court dismissed the writ petitions.
JUDGMENT
1. - These writ petitions, details whereof have been enumerated in the Schedule appended to this order, have been filed by alleged Representatives of various villages, Ex-Sarpanchas, Ex. Ward Panchas etc. challenging the notification No. F. 15(1) Vidbi/Gra Vi P/ dated 10th September, 1992, published in the Rajasthan Gazette dated 11th Sept. 1992, whereby the State Government in exercise of its powers under Sections 3, 4, 70, 86 and 87 (2) of the Rajasthan Panchayat Act, 1953 (in short 'the Act') has established, constituted, re-constituted, re-delimited various panchayat circles situated In Banswara, Bhilwara, Barmer, Chittorgarh, Churu, Dungarpur, Gangarragar, Jaisalmer, Jalore, Jodhpur, Nagaur, Pali, Rajsamand and Udaipur districts. By the impugned respective notifications dated 10-9-1992 pertaining to afore-mentioned districts, the State Government has included certain areas in panchayat circles, or excluded certain areas from one panchyat circle to another panchayat circle, established new panchayat circles and also shifted head quarters of various Gram Panchayat circles. The State has also abolished/merged panchayat circle Pilowani into a newly created panchayat circle Gendi in District Pali.
2. Since impugned notifications pertaining to aforesaid districts have been challenged on similar/identical grounds and challenged the exercise conducted by the State Government under Sections 3,4,70,86 and 87 (2) of the Act and Rr. 342 to 345 of the Rajasthan Panchayat (General) Rules, 1961 (in short the Rules, 1961) and common points of law are involved therein, these writ petitions are being decided by a common order.
3. It will serve no useful purpose to delineate the facts in all the cases which follow more or less on the same lines. However, it will be conducive to briefly lay down the facts common in all the writ petitions. It appears that by order No. F. 15(1)Gravi P/Punarsima/91/ 834 D/- 4th April, 91 Annexure-R1, the State Government took a suo motu decision to establish, reconstitute/re-delimit Panchayat circles and Panchayat Samities in the State and issued certain guidelines to all the Collectors. The guidelines for that were that the population of each panchayat circle should be between 3000 to 5000 on the basis of the census figures for the year 1981, that none of the villages in a panchayat circle should be situated beyond 8 Kms. from its panchayat headquarter; that in each panchayat circle, there should be at least five wards and on an average, each ward should be formed having a population of about 500 but the population should not be less than 400 and not more than 600. The State Government also fixed 36th June, 1991 as the last date for sending the proposals by the Collector, but subsequently, this date was extended from time to time. Further directions were also given to the Collectors in this behalf vide letter dated 2nd August, 1991 Annexure-R/2, whereby it was proposed to have the panchayat circles generally having population between 2000 to 5000, but the population could exceed even 5000 in case the panchyat circle consisted of only one village. It was directed that the Collectors after examining the matter should publish their proposals and those should be placed in offices of the Collectors, Zilla Parishads, Panchayat Samities and also displayed on the notice boards of the affected panchayat circles. Those proposals could also be given wide publicity through other media asking the general public to file their objections before the Collector, S.D.O. or the Tehsildar upto 15-9-1991. It was further directed that the Collector, if necessary, should also give personal hearing to any objector and that after examining all objections/recommendations should finalise his proposals and send those to the Director, Gramin Vikas and Panchayati Raj, who is the officer in charge of the Panchayats. In pursuance thereof, the Collectors after consulting Panchayat Samities, Panchayat Circles and examining various object
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