JUDGMENT :

Pushpendra Singh Bhati, J.

1. The present bunch of cases involves a common issue and question of law, and therefore, the same is being considered and decided by this common judgment.

2. Brief facts of this case, as noticed by this Court, are that the State Government initiated a delimitation/alteration exercise vide notification dated 12.06.2019 in the State of Rajasthan in accordance with Section 101 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as ‘the Act of 1994’). The said exercise included creation/redemarcation/ reorganization of the boundaries of the gram panchayats and panchayat samitis.

3. The scheduled process for initiating the phased alteration in first 30 days from 15.06.2019 to 14.07.2019 was for the District Collectors to prepare proposals for the delimitation of the gram panchayats and panchayat samitis. Thereafter, 30 days from 15.07.2019 to 13.08.2019 were scheduled for inviting objections upon such proposals. Thereafter, 10 days from 14.08.2019 to 23.08.2019 were stipulated for hearing on the objections upon the draft proposals. Thereafter, 10 days from 24.08.2019 to 02.09.2019, the District Collectors were to make the necessary recommendations to the Panchayati Raj Department of the State of Rajasthan.

4. The aforementioned notification clearly indicated that such exercise was a time bound exercise, keeping in view the ensuing elections of Panchayati Raj Institutions scheduled to be held in January and February, 2020. The various parameters of population, territorial distribution and distance were stipulated. The alteration in the limits of Panchayati Raj Institutions was accordingly proceeded with.

5. The proposals/recommendations of the District Collectors were sent to the State Government, which constituted a High Powered Committee of Six Ministers on 18.09.2019 to consider the recommendation, proposals and representations before finalizing the same.

6. Thereafter, the State Government, while adhering to the said notification dated 12.06.2019 and the procedure prescribed under Section 101 of the Act of 1994, published a notification on 15.11.2019, which was notified in the gazette on 16.11.2019. The notification reflected the initiation of the exercise vide notification No.F.15(1) Punargathan/Vidhi/Panravi/2019/3014 dated 12.06.2019 and in exercise of powers conferred by Section 98 of the Act of 1994 read with Sections 9, 10 and 101, whereby the delimitation exercise culminated into a declaration.

7. Section 9 of the Act of 1994 reflects permission to the State Government to notify a village or group of villages to the Panchayat Circle and to be declared as Panchayat. Section 10 and 11 deal with establishment of Panchayat Samiti and Zila Parishad respectively.

Section 12 deals with composition of a Panchayat. The Panchayat consists of a Sarpanch and directly elected Panchas from as many wards as are determined under sub-section (2) of Section 12. Sub-Section (2) of Section 12 provides that number of wards would be determined by dividing the Panchayat circle on the basis of population. Sub-section (2) further provides that every endeavour should be made that the population of each ward of Panchayat is having as far as practicable the same population. Section 15 of the Act deals with reservation of seats.

Section 101 of the Act of 1994, which is fulcrum of the present litigation, deals with alteration in the limits of a Panchayati Raj Institution, and the same, for ready reference, reads as under:-

“101. Alteration in the limits of a Panchayati Raj Institution.-

(1) The State Government may, at any time, after one month's notice published in the prescribed manner either on its own motion or at the request made in this behalf, and by notification in the Official Gazette-

(a) declare the whole or a part of any local area included within the limits of a Municipality to be a Panchayat Circle; or

(b) include in a Panchayat Circle and such local area or a part thereof, or as the case may be, a