Hon'ble AMBWANI, ACTG. CJ.—We have heard learned counsel appearing for petitioners, learned Advocate General for the State of Rajasthan and learned counsel appearing for the Rajasthan State Election Commission.

2. All the above numbered writ petitions with D.B. Civil Writ Petition No.8157/2014 (Mushe Khan & Anr. vs. State of Rajasthan & Ors.) as leading writ petition were filed before learned Single Judge challenging the Notification dated 5.11.2014 issued under the signatures of the Commissioner and Secretary, Gramin Vikas and Panchayati Raj (Panchayati Raj Department), Govt. of Rajasthan, Jaipur, by which the State Govt. had notified the alteration in the limits of Panchayats for which the concerned District Collectors were authorized under the Notification dated 2.6.2014 in exercise of the powers under Sec. 98 of the Rajasthan Panchayati Raj Act, 1994 (for short, “the Act of 1994”) for reconstitution, de-limitation and creation of village Panchayats and Panchayat Samitis under Secs.9, 10 and 101 of the Act of 1994. The District Collectors were authorized under Secs. 9, 10 and 101 of the Act of 1994 to examine the proposals and recommendations and to get them approved from the Divisional Commissioners before forwarding them to the State Govt. In pursuance to the exercise carried out by the Districts Collectors under the powers vested in them by Notification dated 2.6.2014, they had by the impugned Notification dated 5.11.2014, reconstituted, de-limited and created the Panchayats in the Schedule given in the Notifications, giving the names of such re-constituted, delimited and newly created Panchayats in column no.4, giving the names of the villages included in such village Panchayats in Column no.5, with directions to complete the election process within six months and with further directions that after the elections are held, those Panchayats, which are named in column no.2 will stop functioning and the village Panchayats named in column no.4, will start functioning.

3. In some of the writ petitions, learned Single Judge passed an interim order as follows:-

“In the meanwhile and until the next date, the State Government shall not finalise and notify the division of wards/constituencies of reconstituted/newly created Gram Panchayats and Panchayat Samities in question pursuant to the impugned Notification No.W.15(1) iquxZBu@fof/k@ijkfo@2014@1473 t;iqj½ dated 05.11.2014.”

4. During the course of hearing before learned Single Judge, he examined the question as to whether the Notification issued by the State Government constituting/reconstituting and de-limiting Panchayat Circles in exercise of the powers conferred under sections 9, 10 and 101 of the Act of 1994 is legislative in character and if it is so, whether the present matters are cognizable by Single Bench or the same are required to be referred to the Division Bench, in pursuance of the general order passed by the then Hon'ble Chief Justice on 28.2.2011, which had specified that the cases challenging the vires of any Act or statute or any order or Rule or regulation made under any Act or statute, shall be heard by the Division Bench. By another order dated 18.3.2011 issued by the then Hon'ble Chief Justice, it was clarified that “any order” appearing in the order dated 28.2.2011 relates to “any order of legislative nature”.

5. After hearing the parties, learned Single Judge held that in view of the decisions of the Supreme Court in Tulsipur Sugar Co. Ltd. vs. The Notified Area Committee, Tulsipur (AIR 1980 SC 882) & Sunderjas Kanyallal Bhathija & Ors. vs. The Collector, Thane, Maharashtra & Ors. (AIR 1990 SC 261) and the judgment of this Court in M/s J.K. Synthetics Ltd. vs. Municipal Board, Nimbahera & Anr. (RLR 1989)2 589), the powers exercised by the State Government under Section 4 of the Rajasthan Municipalities Act, 1950 are legislative in nature. The judgment in J.K.Synethetics Limited's case (supra) was followed in Gram Panchayat, Akarbhata & Ors. vs. The State of

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