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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Ashok Kumar Gaur, J.
Babu Lal Gurjar and Ors. – Appellants
Versus
State of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition Nos. 15467, 15520, 14365, 14994, 15034, 16344, 15846, 15891, 15063 and 16767 of 2019
Decided On : 27-09-2019
Rajasthan Panchayati Raj Act, 1994 - Section 101, 117, - Constitution of India, 1950 - Article 243-O(a),243-C,243-K and 243-O - Common order - Notice issued - Delimitation/formation - Gram Panchayats – Respect of the above aspects and, therefore, the challenge raised by the petitioners pertaining to delimitation of Panchayat areas or that of formation of constituency in the said area as well as allotments of seats to such constituencies cannot be entertained by the courts since from the procedure followed and material available on record, it reveals that objections were invited from the persons and hearing was afforded to them and only thereafter the District Collectors, keeping in view the guidelines, examined the matter and made recommendations to the State Government through the Divisional Commissioners.
Facts of the Case:
The primary grievance raised in the writ petitions is with regard to the notice issued by the State Government in respect of delimitation/formation of new Gram Panchayats. The State Government exercising the power under Section 101 of the Rajasthan Panchayati Raj Act, 1994 issued notices through the District Collector in various districts - Issued by the District Collector, Bharatpur. The District Collector had invited the objections from the various persons with regard to the proposed Gram Panchayats to be set up after inclusion/exclusion of certain villages.
Finding of the court:
Court finds that the argument of learned counsel for the petitioner that the Division Bench had primarily considered the issue pertaining to issuance of notification by the State Government and the same has got the force of law and as such the Division Bench did not interfere in the bunch of writ petitions, this Court finds that the Division Bench has not only considered the impact of Gazette notification, which was finally issued by the Government but the Division Bench of this Court has also considered the grievance raised by the petitioners, where the authorities have not issued the final notification - The writ petitions are dismissed.
Result: Petitions dismissed
ORDER :
Ashok Kumar Gaur, J.
1. The present bunch of writ petitions involves common question of law and as such the petitions are disposed of by this common order.
2. The primary grievance raised in the writ petitions is with regard to the notice issued by the State Government in respect of delimitation/formation of new Gram Panchayats. The State Government exercising the power under Section 101 of the Rajasthan Panchayati Raj Act, 1994 (in short 'the Act of 1994) issued notices through the District Collector in various districts. The date of issuance of notice in S.B. Civil Writ Petition No. 15520/2019 (Jaswant Singh & Ors. Vs. The State of Rajasthan & Ors.) is 29th July, 2019, issued by the District Collector, Bharatpur. ThDistrict Collector had invited the objections from the various persons with regard to the proposed Gram Panchayats to be set up after inclusion/exclusion of certain villages.
3. The petitioners have raised a common grievance in all the petitions that the notice issued under Section 101 of the Act of 1994 has been an empty formality and no hearing has been afforded to the petitioners before sending recommendation to the Competent Authorities. The petitioners have further raised a grievance that the guidelines have been issued by the State Government for formation of Gram Panchayats and as per the guidelines issued on 12th June, 2019, the Gram Panchayats have not been reconstituted.
4. The petitioners in certain cases have raised a grievance that the Headquarter of the Gram Panchayat is not situated as per the requirement set out in the guidelines issued by the State Government. Some of the petitioners have a grievance that the required number of people in a particular village, do not satisfy the formation of Gram Panchayat.
5. The petitioners have also raised a grievance that not only distance and population, criteria have been violated but the other convenience of the villagers/petitioners have not been kept in mind while undertaking the exercise of formation of Gram Panchayats, as per the notification issued by the State Government.
6. Learned Additional Advocate General Ms. Sheetal Mirdha, appearing for the respondents, submitted that the issue raised in the present bunch of writ petitions is no more res integra in view of the judgment passed by the Division Bench in the case of D.B. Civil Writ Petition No. 12960/2014 (Bhupendra Pratap Singh Rathore Vs. State of Rajasthan & Ors.) and other connected writ petitions vide order dt. 18th December, 2014.
7. Learned Additional Advocate General further submitted that the Co-ordinate Bench of this Court in other bunch of writ petitions has also dealt with the same issue, as involved in the present bunch of writ petitions and the Co-ordinate Bench has also dismissed each & every petitions with the cost of Rs. 25,000/-. Counsel refers to the order passed in S.B. Civil Writ Petition No. 15458/2019 (Ramji Lal Gautam Vs. The State of Rajasthan & Ors.) vide order dt. 12th September, 2019.
8. Counsel for the petitioners submitted that the controversy decided by the Division Bench of this Court, was in respect of interpretation of Article 243-O(a) of the Constitution of India and Section 117 of the Act of 1994.
9. Counsel submitted that before the Division Bench judgment, Gazette notification had already been issued in respect of formation/delimitation of Gram Panchayats, hence the Division Bench took a view that the law, which was declared by the legislature, the same had immunity from challenged in view of Article 243 (O) and Section 117 of the Act, 1994.
10. Learned counsel for the petitioners submitted that in the present bunch of writ petitions, the respondents have only issued notices under Section 101 of the Act of 1994 and no final Gazette notification has been issued and as such the petitioners are within their domain to challenge the action of the State Government of undertaking the exercise of formation of Panchayats.
11. Counsel further submitted that the judgment passe
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